Atlantic Coast Line Railroad v. Tredway's Administratrix

Citations

• 120 Va. 735
• 93 S.E. 560
• 10 A.L.R. 1411
• 1917 Va. LEXIS 155

Syllabus

<p>1. Federal Employers’ Liability Act — Employer and Employee.— Defendant’s railroad tracks were crossed by those of the Southern Railway. In consideration of the privilege of crossing, and in accordance with section 1294-d (37), Code of 1904, the Southern Railway agreed to provide at its cost “such watchman, watch boxes, signals, approaches, and safe guards” as its manager or superintendent might deem proper and necessary. In compliance with this agreement, the Southern Railway erected at the crossing a signal tower and it assumed the duty of supplying and paying the operators in the tower and also the employees who lit the lamps required for the proper operation, of the interlocking plant by night. The employees rendered certain services to defendant, among others keeping certain lights in order, which served as signals for defendant’s trains only and not for those of the Southern Railway Company. Plaintiff’s intestate was one of the operators of the signals and it was also his duty to keep one of the defendant’s signal lights aforesaid in order; and while engaged in his duty of attending to this light was killed through the negligence of the defendant.</p> <p>Held: That plaintiff’s intestate was an employee of defendant, within the meaning of that term as used in the Federal employers’ liability act.</p> <p>2. Federal Employers’ Liability Act — Meaning of Terms “Employed” amd “Employee.” — The failure of the Congress to define the meaning of the words “employed” and “employee” manifests a purpose in the legislation in question that these words should be interpreted and understood in their ordinary sense and according to their usage in the law of master and servant. That is to say, the relationship of employer and employee is the same as that of master and servant.</p> <p>3. Master and Servant — Relationship of Master and Servant. — At common law, upon the question of whether the relationship of master and servant exists, there are four elements which are conside