PittsburgNew York, N.H.&H.R. Co. v. Rogers

• Citation: 168 Ind. 483,81 N.E. 212
• Decision Date: 15 May 1907
• Docket Number: No. 20,930.,20,930.
• Court: Supreme Court of Indiana
• Parties: PITTSBURG, C., C. & ST. L. RY. CO. v. ROGERS.

168 Ind. 483

81 N.E. 212

PITTSBURG, C., C. & ST. L. RY. CO.

v.ROGERS.

No. 20,930.¹

Supreme Court of Indiana.

May 15, 1907.

Appeal from Circuit Court, Wabash County; A. H. Plummer, Judge.

Action by Alvira Rogers, administratrix, against the Pittsburg, Cincinnati, Chicago & St. Louis Railway Company. From a judgment for plaintiff, defendant appeals. Transferred to Appellate Court.

G. E. Ross, for appellant. Williams & Clawson, Todd & Rouch, and H. N. Hipskind, for appellee.

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 the fourth division of section 7083, Burns' Ann. St. 1901, being section 1 of the employers' liability act of 1893, and that said act is in violation of the fourteenth amendment of the Constitution of the United States. In Tullis v. Lake Erie., etc., Ry. Co., 175 U. S. 348, 20 Sup. 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., Ry. Co. v. Montgomery, 152 Ind. 1, 49 N. E. 582, 69 L. R. A. 875, 71 Am. St. Rep. 301, was not in violation of the fourteenth amendment of the Constitution of the United States. It was held by this court in Pittsburgh, etc., Ry. Co. v. Montgomery, 152 Ind. 1, 49 N. E. 852, 69 L. R. A. 875, 71 Am. St. Rep. 301,Indianapolis, etc., Ry. Co. v. Houlihan, 157 Ind. 494, 60 N. E. 943, 54 L. R. A. 787, Pittsburgh, etc., Ry. Co. v. Lightheiser, No. 20,582 (May term, 1906) 78 N. E. 1033,Pittsburgh, etc., Ry. Co. v. Collins (Ind.) 80 N. E. 415, 420, and Pittsburgh, etc., Ry. Co. v. Ross (Ind.) 80 N. E. 845, 846, that, as applied to railroads, said employers' liability act was not in violation of the fourteenth 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 (this term) 80 N. E. 529. In Pittsburgh, etc., v. Ross, supra, this court said: “The validity of this act so far as it applies to railroads was upheld in the case of Pittsburgh, etc., Ry. Co. v. Montgomery, 152 Ind. 1, 49 N. E. 582, 69 L. R. A. 875, 71 Am. St. Rep. 301, and that holding has been twice reaffirmed since this appeal was filed in response to the...