Reynolds v. Philadelphia & Reading Railway Co.

Citations

• 266 Pa. 400
• 109 A. 660
• 1920 Pa. LEXIS 581

Syllabus

<p>Workmen’s compensation- — -Railroads — Interstate commerce— Ash-pit — Yard convenience- — -Instrumentality of commerce — Removal of derailed locomotive.</p> <p>1. Where an employee of a railroad company is killed while assisting in replacing a locomotive which had become derailed from an ash-pit track in the railroad yard, an award in favor of the wife of the deceased will be sustained where the compensation board finds as a fact that the locomotive had been returned to the yard for the purpose of being put in order for the following day, and was not at the time engaged in interstate commerce, and there is no finding to indicate that the ash pit was other than a mere yard convenience for the purpose of cleaning and overhauling engines after a day’s run, and putting them in condition for subsequent use for either state or interstate traffic.</p> <p>2. In such a case, as the ash pit is not found to be a necessary part of the railroad company’s main line used for interstate com- • merce it is not such, an instrumentality of commerce, as to render the work of replacing the derailed engine an incident of interstate commerce.</p>