Philadelphia Ry Co v. Di Donato, No. 297

CourtUnited States Supreme Court
Writing for the CourtMcKENNA
Citation65 L.Ed. 955,256 U.S. 327,41 S.Ct. 516
PartiesPHILADELPHIA & R. RY. CO. v. DI DONATO
Docket NumberNo. 297
Decision Date16 May 1921

256 U.S. 327
41 S.Ct. 516
65 L.Ed. 955
PHILADELPHIA & R. RY. CO.

v.

DI DONATO.

No. 297.
Argued April 28, 1921.
Decided May 16, 1921.

Mr. George Gowen Parry, of Philadelphia, Pa., for petitioner.

Mr. Francis H. Bohlen, of Philadelphia, Pa., for respondent.

Mr. Justice McKENNA delivered the opinion of the Court.

Certiorari directed to the review of a judgment of the Supreme Court of Pennsylvania affirming a judgment

Page 328

of the court of common pleas of the county of Philadelphia, which affirmed an award of the Workmen's Compensation Board of the state of Pennsylvania, allowed respondent, as widow of Pasquale Di Donato who, in the course of his employment by the railway company, was killed. Her petition was presented in the legal course to the board, and assigned for an investigation to a referee who reported an award in accordance with it.

The company prosecuted an appeal to the board which affirmed the award and dismissed the appeal. The judgment was successively affirmed, as we have said, by the court of common pleas and by the Supreme Court.

There is no connected finding of facts aside from conclusions of law. The referee found that Di Donato was employed by the company 'as a crossing watchman' at a particular public crossing, and that on March 18, 1918, at about 7:15 p. m., 'while acting in the course of his employment while flagging a train * * * was struck by a train of the company and instantly killed.' The findings then recite that the company contended that at the time of the occurrence of the injury Di Donato 'was engaged in interstate commerce,' but it is added that the company 'failed to prove by the weight of the evidence that such was the fact,' and, further, that the company 'showed that many interstate shipments and trains passed over the rails of the defendant company, * * * but they did not offer any evidence whatever to show that at the time of the occurrence of the injury Pasquale Di Donato was engaged in performing some duty incident to the passage of an interstate train; and since the burden is on the defendant to show by the weight of the evidence that the injured employee was at the time of the occurrence of the injury engaged in interstate commerce, we find as a fact' that at such time Di Donato 'was not engaged in work incident to interstate commerce.' It was further

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found that the company was 'engaged in both intrastate and interstate commerce.'

The finding by the board was that Di Donato 'was killed in the course of his employment for the defendant' while he 'was employed as a watchman upon a public crossing' where a public street 'crosses the tracks' of the company, and that 'an agreement was placed upon record that the defendant was engaged in both intrastate and interstate traffic.' The deduction of the board was the same as that of the referee, that the defense of interstate commerce, when set up by the defendant, became a matter of proof by competent and reliable testimony, and that the burden of proof of the same was...

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89 practice notes
  • Mississippi Cent R. Co. v. Knight, 24615
    • United States
    • Mississippi Supreme Court
    • 30 Marzo 1925
    ...v. Hancock, 253 U.S. 284, 64 L.Ed. 907; Erie R. R. Co v. Szary, 253 U.S. 86, 64 L.Ed. 794; Philadelphia & Reading R. R. Co. v. Didonato, 256 U.S. 327, 65 L.Ed. 955; Chesapeake & Ohio R. R. Co. v. Kornhoff, 166 Ky. 353, 180 S.W. 523; Chesapeake & Ohio R. R. Co. v. Shaw, 182 S.W. 653. For fur......
  • Sears v. Texas & N. O. Ry. Co., (Nos. 445-3934.)
    • United States
    • Supreme Court of Texas
    • 26 Noviembre 1924
    ...it in interstate commerce by way of protecting its trains that were engaged in such commerce. Philadelphia, etc., Ry. Co. v. Di Donato, 256 U. S. 327, 41 S. Ct. 516, 65 L. Ed. 955; North Carolina Ry. Co. v. Zachary, 232 U. S. 248, 34 S. Ct. 305, 58 L. Ed. 591, Ann. Cas. 1914C, 159; Spokane,......
  • Cato v. Atlanta & C. A. L. Ry. Co, No. 13240.
    • United States
    • United States State Supreme Court of South Carolina
    • 10 Septiembre 1931
    ...of interstate cars, and necessarily the persons so engaged were employed in interstate commerce. In Philadelphia, etc., v. Di Donato, 256 U. S. 327, 41 S. Ct. 516, 65 L. Ed. 955, it was held, quoting syllabus: "A watchman employed on an interstate railroad at a public grade crossing to sign......
  • Lorenzetti v. American Trust Co., No. 21826
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • 19 Mayo 1942
    ...118 F.2d 328, Williams v. Jacksonville Terminal Co., 315 U.S. 386, 62 S.Ct. 659, 86 L.Ed. ___; Philadelphia & R. R. Co. v. Di Donato, 256 U.S. 327, 329, 41 S.Ct. 516, 65 L.Ed. 955; Philadelphia B. & W. R. v. Smith, 250 U.S. 101, 103, 39 S.Ct. 396, 63 L.Ed. 869; Kinzell v. Chicago M. & St. P......
  • Request a trial to view additional results
89 cases
  • Mississippi Cent R. Co. v. Knight, 24615
    • United States
    • Mississippi Supreme Court
    • 30 Marzo 1925
    ...v. Hancock, 253 U.S. 284, 64 L.Ed. 907; Erie R. R. Co v. Szary, 253 U.S. 86, 64 L.Ed. 794; Philadelphia & Reading R. R. Co. v. Didonato, 256 U.S. 327, 65 L.Ed. 955; Chesapeake & Ohio R. R. Co. v. Kornhoff, 166 Ky. 353, 180 S.W. 523; Chesapeake & Ohio R. R. Co. v. Shaw, 182 S.W. 653. For fur......
  • Sears v. Texas & N. O. Ry. Co., (Nos. 445-3934.)
    • United States
    • Supreme Court of Texas
    • 26 Noviembre 1924
    ...it in interstate commerce by way of protecting its trains that were engaged in such commerce. Philadelphia, etc., Ry. Co. v. Di Donato, 256 U. S. 327, 41 S. Ct. 516, 65 L. Ed. 955; North Carolina Ry. Co. v. Zachary, 232 U. S. 248, 34 S. Ct. 305, 58 L. Ed. 591, Ann. Cas. 1914C, 159; Spokane,......
  • Cato v. Atlanta & C. A. L. Ry. Co, No. 13240.
    • United States
    • United States State Supreme Court of South Carolina
    • 10 Septiembre 1931
    ...of interstate cars, and necessarily the persons so engaged were employed in interstate commerce. In Philadelphia, etc., v. Di Donato, 256 U. S. 327, 41 S. Ct. 516, 65 L. Ed. 955, it was held, quoting syllabus: "A watchman employed on an interstate railroad at a public grade crossing to sign......
  • Lorenzetti v. American Trust Co., No. 21826
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • 19 Mayo 1942
    ...118 F.2d 328, Williams v. Jacksonville Terminal Co., 315 U.S. 386, 62 S.Ct. 659, 86 L.Ed. ___; Philadelphia & R. R. Co. v. Di Donato, 256 U.S. 327, 329, 41 S.Ct. 516, 65 L.Ed. 955; Philadelphia B. & W. R. v. Smith, 250 U.S. 101, 103, 39 S.Ct. 396, 63 L.Ed. 869; Kinzell v. Chicago M. & St. P......
  • Request a trial to view additional results

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