P. C., C. & St. L. Ry. v. Sheets

Citations

• 24 Ohio C.C. Dec. 641

Syllabus

<p>CARRIERS — COMMERCE—RAILWAYS.</p> <p>1. Membership in Voluntary Relief Department of Railway Engaged in Interstate Commerce and Receipt of Benefits for Injuries in Such Employment not Defense to Action for Personal Injuries.</p> <p>Membership by an employe in the voluntary relief department of a railway engaged in interstate commerce, and the receipt by him of benefits from such department on .account of injuries received in the course of his employment, is not a defense to an action against the company by such employe for recovery of damages on account of injuries so received.</p> <p>2. Federal Law Voiding Contracts Exempting Carriers from Liability Controls as to Injuries and Benefits Paid Subsequent to Passage.</p> <p>Where both the cause of action and the receipt of benefits occurred after the enactment of the federal law, making void any contract, regulation or device having as its purpose the enabling of any common carrier to exempt itself from liability on account of injuries sustained by employes, the federal law controls as to such receipt of benefits. P., C. C. & St. L. Ry. v. Cox, 55 Ohio St. 497, distinguished.</p> <p>3. State Workmen's Compensation Act does not Prevent Recovery under Federal Law by Interstate Commerce Railway Employes.</p> <p>The Ohio workmen’s compensation act does not prevent recovery under the federal law for injuries received by employes of railways engaged in interstate commerce.</p> <p>4. Ohio Rule as to Notice of Defect as Proximate Cause of Injury Applicable to Accident under Federal Law.</p> <p>Section 9015, G. C., which shifts the burden of proof upon a defendant railway company as to notice to the company of the defect alleged to have been the proximate cause of the injury complained of, is a' mere rule of evidence, and is applicable to an accident under the federal law notwithstanding the cause of action arose in another state.</p> <p>5. Verdict of $30,000 Held Grossly Excessive.</p> <p>The plaintiff below, a railway brak