Horton v. Oregon-Washington Railroad & Navigation Co.

Citations

• 72 Wash. 503
• 130 P. 897
• 1913 Wash. LEXIS 1500

Syllabus

<p>Commeece — Employees’ Liability — Injury to Servants Employed in Interstate Commerce — Statutes—Construction. Since the first Federal employers’ liability act, 34 Stats, at L., p. 232, was held unconstitutional for want of power in congress to legislate with reference to the liability of common carriers to employees not engaged in interstate commerce, the second employers’ liability act, 35 Stats, at L., p. 65, providing that common carriers engaged in interstate commerce shall be liable to “any person suffering injury while he is employed by such carrier in such commerce,” must be construed as intended to include every person who could be so included within the purview of the constitutional power.</p> <p>Same — Liability to Servants Employed in Interstate Commerce —Who Are. One employed to operate a pumping plant for the purpose of supplying water to locomotives used indiscriminately by a railroad company in interstate and intrastate commerce, is within the purview of the second Federal employers’ liability act, rendering the company liable to “any person suffering injury while he is employed by such carrier in such commerce,” and such pumper was so employed at the time of his death, where he was at the time going to his work on a “speeder” over the company’s tracks.</p>