Illinois Cent. R. v. Archer

Citations

• 113 Miss. 158
• 74 So. 135

Syllabus

<p>1. Interstate Commerce. Railroads. Nature of employment.</p> <p>A railroad carpenter who was killed by a train as he attempted to cross the track to purchase a newspaper, was not then engaged in interstate commerce and an action for his death was not governed by the provisions of the Federal Employers Liability Act of April 22, 1908; chapter 49, 35 Stat. 65, U. S. Comp. St. 1913, sections 8657-8665.</p> <p>2. Master and Servant. Operation of railroads. Mode of daolcino trains. Part of train. Statute.</p> <p>Section 4047, Code 1906, imposes two separate and distinct duties • upon railroads. (A) Not to back cars or engines into or along a pássenger depot at a greater rate of speed than three miles an hour; and (B) to cause a train of cars, or part thereof; or an engine backing at any rate of speed into or along a passenger depot, upon a track passing within fifty feet thereof, for at least three hundred feet before it reaches or comes opposite thereto, to be preceded by a servant on foot, not exceeding forty nor under twenty feet in advance, to give warning.</p> <p>3. Same.</p> <p>Where deceased was killed near a passenger depot by a backing train shoving an oil car against a coal car as he passed between the latter and a box car, the coal car was “part of train” within the meaning of section 4047, Code 1906, which section since the enactment of chapter 194, Laws 1908, protects railroad employees as well as other persons.</p> <p>4. Operation oe Railroads. Mode of baching train. “Depot.”</p> <p>Where a brick walk from end to end was intended for the use of passengers entering and leaving trains, the whole of it was a part of the railroad company’s passenger depot.</p> <p>5. Operation oe Railroads. Mode of baching trains.</p> <p>The fact that the car which killed the deceased was not backed more than four or five feet, and that probably it could not have been backed more than that distance before striking another car, did not relieve the railroad company from the dut