Ross v. Sheldon
Decision Date | 26 October 1915 |
Docket Number | No. 29952.,29952. |
Citation | 154 N.W. 499,176 Iowa 618 |
Parties | ROSS v. SHELDON ET AL. |
Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from District Court, Story County; W. S. Ayres, Judge.
Action by an administrator to recover damages for the death of the intestate decedent. At the close of the evidence there was a directed verdict for the defendant. The ground of such direction was that the decedent and the defendant were engaged in interstate commerce at the time of the injury; the petition declaring upon a cause of action under the state law, and not under the federal act. The plaintiff appeals. Modified and affirmed.
Ed. McCall, of Nevada, Iowa, and S. R. Dyer, J. W. Jordan, and W. R. Dyer, all of Boone, for appellees.
The plaintiff brought his action under the state law, claiming damages to the estate of the decedent for the wrongful death. Among other defenses, the defendantpleaded that at the time of the accident which resulted in the death of the decedent the decedent was engaged as an employé of the defendant in interstate commerce, and that the plaintiff's rights, if any, were covered by the federal act applicable in such a case. The plaintiff adhered to his petition. At the close of the evidence various grounds were urged by the defendant in support of the motion for a directed verdict. Inasmuch as the motion was sustained upon the ground already indicated, we shall have no occasion to consider any other question upon this record. The material facts pertaining to the question whether the employment of the decedent at the time of his injury was concerned with interstate commerce are not in dispute. The line of the defendant railway was wholly within the state of Iowa. It operated no trains outside of the state of Iowa. It was an interurban electric line extending from Des Moines to Ft. Dodge. The decedent was a regular lineman. He was engaged in the duties of a lineman at the time of his fatal injury. It appears, however, that by means of connections with other lines of railway more than 80 per cent. of the business of the interurban line was interstate business. It received freight from connecting lines originating without the state and destined to points upon the line of the defendant. The defendant railway was therefore engaged in interstate commerce. It was thus engaged upon the day of the accident. Some point is urged by the appellant that it does not appear that it was thus engaged at the moment of the injury. The evidence does not deal in detail with the business actually moving at the moment of the injury. It does show that a large amount of interstate business was done on that date. If it be material to identify the business in progress at the moment of the injury as interstate business, we think no other inference would be permissible under the facts shown.
Was the employment of the decedent connected with interstate commerce? The line of defendant's railway was operated under electric power. Alongside the railway track was its line of poles, all carrying cross-arms. Upon these cross-arms were extended various wires, including telegraph, block signal, power, and feed wires. The decedent was engaged in putting additional cross-arms upon the poles. The intended use of such additional cross-arms was that the signal wire theretofore used should be transferred thereto, and that five or six additional signal wires should be carried thereon. The single signal wire was deemed insufficient for the use of the company. The signal system had been operated by hand. It was now in contemplation to operate the same by an “automatic” system which would be more efficient than the single wire and the “hand” system. While at work in nailing a cross-arm upon a pole in pursuance of this purpose the decedent was killed by contact with some of the wires upon the other cross-arms. The contention for the appellee is that the pole and cross-arm and signal wires upon which he was working and in contact with which he met his death were a part of the necessary instrumentalities of defendant's interstate commerce, and that the injury to the decedent occurred while he was engaged in the work of repair and maintenance. If this is a proper characterization of the work in which the decedent was engaged then it is quite settled that the plaintiff's case is covered by the provisions of the federal act. On this question we need look no further for authority than the case of Pedersen v. Delaware, L. & E. R. Co., 229 U. S. 146, 33 Sup. Ct. 648, 57 L. Ed. 1125, Ann. Cas. 1914C, 153. The evidence in that case was stated in the opinion as follows:
The following discussion in the opinion is quite relevant to the case before us:
There is no appropriate reason why we should attempt to add argument to the foregoing. Our concern in this class of cases is to follow carefully the law laid down by the Supreme Court of the United States as the one source of judicial authority thereon.
The contention of the appellant is that the work in which the decedent was engaged was not repair or maintenance work, but was new construction work. That there may be a distinction between repair work and construction work is recognized in the Pedersen Case, supra. The argument for appellant is that the lines and instrumentalities of the defendant were complete, and, as such, in repair without the addition of new cross-arms, and without the proposed addition of new wires, and without the proposed “automatic” system; that, while the automatic system was proposed to be used upon the line (and therefore in interstate commerce), it had not yet been thus used. The line of demarcation between repair work, on one hand, and construction work, on the other, is not always...
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