Lake Shore & Michigan Southern Railway Co. v. Benson

Citations

• 85 Ohio St. (N.S.) 215

Syllabus

<p>A derrick or crane operated by railway company — For unloading materials in construction of dock — And not employed in business of company — While company is operating as common carrier — Machine not required by Sections 8950 and 8952, General Code — To be equipped with automatic coupler — Use of said machine in shifting cars on dock — Does not bring machine under provisions of said sections.</p> <p>1. A whirley, derrick or locomotive crane built upon car trucks, and equipped with a boiler and engine furnishing the power to operate the crane, and to move the machine about upon the railroad tracks in the vicinity where it is being operated by a railway company for the purpose of unloading heavy materials to be used in the construction of docks, and not employed by the railway company in its business as a common carrier in moving state traffic, is not, while being so operated, a “locomotive, car, tender or similar vehicle used in moving state traffic,” required by Section 8950 (3365-276, Revised Statutes) and Section 8952 (3365-27d, Revised Statutes) of-the General Code to be equipped with an automatic coupler and provided with drawbars of standard height.</p> <p>2. Where a railway company, as a common carrier, has deposited on tracks built upon, a partly constructed dock, cars loaded with materials to be used by it in the further construction of such dock, the use of this machine to shift these loaded cars a short distance to meet the needs and convenience of the employes engaged in unloading the same, does not bring the machine, during the time it is so employed, within the provision of these sections.</p>