Payne v. Lind

Citations

• 106 Ohio St. (N.S.) 14

Syllabus

<p>Railroads — Federal control — Separate systems not merged into common entity — Negligence—Liability of one system not attributable to another, when — Federal Employers’ Liability Act inapplicable, when — Relationship of employer and employe essential — Contributory negligence as bar to recovery —Charge to jury — Comparative negligence inapplicable, ; when.</p> <p>1. When the federal government toot over the operation of the railroad systems of the United States and placed them under the management of the director general of railroads, the separate systems did not thereby lose their identity and become merged into a common entity.</p> <p>2. The negligence of the director general of railroads in the operation of one system of railroads is not attributable to the director general of railroads in the operation of another system of railroads.</p> <p>3. Where the relationship of employer and employe did not exist at the time the cause of action arose, the Federal Employers’ Liability Act has no application and is not effective to change the law of the state with reference to contributory negligence.</p> <p>4. Where the relation of employer and employe did not exist and the Federal Employers’ Liability act therefore did not apply, it is error for the court to charge that “contributory negligence does not bar a recovery,” and to charge that recovery may be had in the proportion which the negligence of the defendant bears to the entire negligence of both plaintiff and defendant.</p>