Bumstead v. Missouri Pacific Railway Co.

Citations

• 99 Kan. 589

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Railroads — Employee—Injured While 'Off Duty — No Recovery Under Federal Employers’ Liability Act. The plaintiff was a freight conductor whose usual run was from Wichita to Durand and return. He came to Durand on the morning of January 5, 1915, with a train of interstate cars, registered in what is called the rest book, got lunch, went to his caboose and finished up his reports and then went to bed in the caboose as he had done for some fourteen years. At the expiration of eight hours and thirty minutes he was liable at any time to be called. The yardmaster had full charge as to making up the .trains and knew from the registry where the plaintiff was and would have him called. About seven o’clock that evening the yard clerk — an employee of the defendant who knew the plaintiff was staying in the caboose — called him to leave with his train about eight fifteen or eight thirty. The plaintiff was required to report for duty thirty minutes before his train was to leave, when he would go and get his orders and get ready to go out. His time began when the train started. After being called and while dressing preparatory to going and getting something to eat and then reporting for duty, the crew making up his train moved certain cars — part of them interstate — against.the caboose so violently as to injure him. Held, that he was not at the time engaged in service in interstate commerce within the terms of the federal employers’ liability act.</p>