Koons v. Philadelphia & Reading Ry. Co.

Citations

• 271 Pa. 468
• 114 A. 262
• 1921 Pa. LEXIS 529

Syllabus

<p>Negligence — Railroads—Interstate commerce — Federal Employer’s Liability Act — Instrument of transportation — Injury of car■ — • Repair of car.</p> <p>1. In determining whether or not a railway employee was killed or injured while engaged in interstate commerce, the test is, In what was the defendant’s instrumentality of transportation engaged at the time of the accident?</p> <p>2. One car in interstate commerce makes the whole train subject thereto, and determines the remedy, inasmuch as there are no degrees of interstate engagements.</p> <p>3. Employment follows interstate transportation and begins when the workman, on a carrier’s premises, makes a formal move to serve in that traffic or employment, and ends only after he has completely dissociated himself therefrom.</p> <p>4. The hauling of empty cars from one state to another, is interstate service within the meaning of the federal act.</p> <p>5. Where an empty car while being returned to its home route in another state, is disabled in Pennsylvania, and taken to a shop for repairs, and while the ear is being unloaded, at the shop, an employee o£ the railroad company, engaged in the unloading, is killed, the remedy for the death is under the federal act.</p> <p>6. In such case, as the car, up to the time it was injured, was actually in use in interstate commerce, and, as it was destined to return upon the completion of repairs and was so returned, it did not lose its interstate character from its enforced temporary absence through disability.</p>