Cleveland, Lorain & Wheeling Railway Co. v. Shanower

Citations

• 70 Ohio St. (N.S.) 166

Syllabus

<p>Engineer and brakeman on same train — In same department and fellow servants — Section 3365-22, Revised Statutes — Superior officer and fellow servant defined — Accidental parting of train — Conductor still in control, when.</p> <p>1. An engineer and a brakeman, the latter not being under the actual direction and control of the former, being upon the same train of cars and engaged in the common purpose and employment of operating the same train of cars, are in the same branch or department, and not in separate branches or departments, within the meaning of section 3365-22, Revised Statutes (87 O. L., 149); and they are fellow servants.</p> <p>2. The conductor of such train being in control of the same and the other employes thereon, in the absence of rules or proof of a custom or express authority to the contrary, is not deposed from such control by the accidental parting of the train en route, nor is the engineer thereby made the superior in direction and control of a brakeman who happens to be with him on a section of such divided train.</p>