Pittsburgh, Cincinnati, Chicago & St. Louis Railway v. Rogers

• Decision Date: 15 May 1907
• Docket Number: 20,930
• Citation: 81 N.E. 212,168 Ind. 483
• Court: Indiana Supreme Court
• Parties: Pittsburgh, Cincinnati, Chicago & St. Louis Railway Company v. Rogers, Administratrix

81 N.E. 212

168 Ind. 483

Pittsburgh, Cincinnati, Chicago & St. Louis Railway Company v. Rogers, Administratrix

No. 20,930

Supreme Court of Indiana

May 15, 1907

From Wabash Circuit Court; A. H. Plummer, Judge.

Action by Alvira Rogers, as administratrix of the estate of Luther Rogers, deceased, against the Pittsburgh, Cincinnati, Chicago & St. Louis Railway Company. From a judgment for plaintiff, defendant appeals. Transferred to the Appellate Court. (See Ind.App. .)

Transferred to the Appellate Court.

George E. Ross, for appellant.

Williams & Clawson, Todd & Rauch and H. N. Hipskind, for appellee.

OPINION

Monks, J.

This was an action to recover damages for the death of appellee's decedent, caused by being struck by a passing train while he was in appellant's service. Judgment was rendered for $ 2,945 in favor of appellee.

It is claimed by appellant that said action is based upon clause 4 § 1, of the employers' liability act (Acts 1893, p 294, § 7083 Burns 1901), and that said act is in violation of the 14th amendment of the Constitution of the United States.

In Tullis v. Lake Erie, etc., R. Co. (1899) 175 U.S. 348, 20 S.Ct. 136, 44 L.Ed. 192, the Supreme Court of the United States held that as applied to railroads said employers' liability act, as construed by this court in Pittsburgh, etc., R. Co. v. Montgomery (1898), 152 Ind. 1, 69 L. R. A. 875, 71 Am. St. 300, 49 N.E. 582, was not in violation of the 14th amendment of the Constitution of the United States.

It was held by this court in Pittsburgh, etc., R. Co. v. Montgomery, supra, Indianapolis Union R. Co. v. Houlihan (1901), 157 Ind. 494, 54 L. R. A. 787, 60 N.E. 943, Pittsburgh, etc., R. Co. v. Lightheiser (1907), ante, 438, Pittsburgh, etc., R. Co. v. Collins (1907), ante, 467, Pittsburgh, etc., R. Co. v. Ross (1907), 169 Ind. --, that, as applied to railroads, said employers' liability act was not in violation of the 14th amendment of the Constitution of the United States, or of any provision of the Constitution of this State. It will be observed that this appellant was the appellant in four of said cases. See, also, Bedford Quarries Co. v. Bough (1907), post, 671.

In Pittsburgh, etc., R. Co. v. Ross, supra, we said: "The validity of this act, so far as it applies to railroads, was upheld in the case of Pittsburgh, etc., R. Co. v. Montgomery [1898], 152 Ind. 1, 69 L. R. A. 875, 71 Am. St. 301, 49 N.E. 582, and that holding has been twice reaffirmed since this appeal was filed in response to the contentions of this appellant, and the constitutionality of the law must be regarded as settled."

Following the case of Pittsburgh, etc., R. Co. v. Ross supra, we hold...