Toledo, St Louis Western Railroad Company v. Otto Slavin

• Decision Date: 23 February 1915
• Docket Number: No. 147,147
• Parties: TOLEDO, ST. LOUIS, & WESTERN RAILROAD COMPANY, Plff. in Err., v. OTTO E. SLAVIN
• Court: U.S. Supreme Court

236 U.S. 454

35 S.Ct. 306

59 L.Ed. 671

TOLEDO, ST. LOUIS, & WESTERN RAILROAD COMPANY, Plff. in Err.,

v OTTO E. SLAVIN.

No. 147.

Submitted January 20, 1915.

Decided February 23, 1915.

Messrs. Clarence Brown and Charles A. Schmettau for plaintiff in error.

Messrs. Walter G. Kirkbride and C. H. Masters for defendant in error.

Mr. Justice Lamar delivered the opinion of the court:

In the court of common pleas of Lucas county, Ohio, Otto Slavin brought suit against the railroad company for injuries received by him on the night of August 19, 1910, while he was at work on a train in the company's yard at Toledo. His declaration alleged that in the performance of his duty, and in pursuance of a custom known to the defendant, he was riding on the side of a gondola car with his foot in the 'stirrup' and his hands holding the grab irons. He averred that while in that position, and without fault on his part, he was struck by another car standing on the adjoining track which he did not and could not see in time to avoid the injury. He alleged that the company was guilty of negligence in laying and maintaining the yard tracks in close and dangerous proximity to each other; and that it was further negligent in failing to give him notice that the freight car was standing on the adjoining track. The defendant denied the charge of negligence. It contended that Slavin's duty did not require him to ride on the side of the car, but that, with a safe place in which to work, he voluntarily and unnecessarily rode, in a dangerous position, on the outside of a car passing through a railroad yard where he knew, or ought to have known, that trains and cars would be standing.

There was evidence that the plaintiff had been employed by the company for about ten years,—for much of that time being in charge of the switching engine which operated over every part of the yard,—and that he was thoroughly familiar with the condition, situation, and location of the tracks at the point where the injury occurred. Neither the plaintiff's complaint nor the defendant's answer contained any reference to the employers' liability act. But, over plaintiff's objection, evidence was admitted which showed that the train on which the plaintiff was riding, at the time of the injury, was engaged in interstate commerce. Thereupon the railroad company insisted that the case was governed by the provisions of the employers' liability act, and moved the court to direct a verdict in its favor. That motion having been overruled, the defendant asked the court to give in charge to the jury several applicable extracts from that Federal statute.

All these requests were refused, the trial judge being of the opinion that the proximity of the tracks constituted a defect in 'rail, track, or machinery' within the meaning of the Ohio statute; and that, although the plaintiff had notice of such defect, he was not debarred of the right to recover, in view of §§ 9017 and 9018 of the Ohio Code changing the common-law rule as to contributory negligence and assumption of risks. There was a verdict for the plaintiff. The defendant's motion for a new trial was overruled. On writ of error the circuit court of Lucas county held that inasmuch as the plaintiff was injured while engaged in interstate commerce, the case was governed by the Federal statute, which did not repeal the common-law rule of assumption of risks under...