Tullis v. Lake Erie & Western Railroad

Citations

• 175 U.S. 348
• 20 S. Ct. 136
• 44 L. Ed. 192
• 1899 U.S. LEXIS 1569

Syllabus

<p>The following provisions in the first section of the act of the legislature of Indiana approved by the Governor of that State on the Ith day of March, 1893, viz.: “That every railroad or other corporation, except municipal, operating in this State, shall be liable for damages for personal injury suffered by any employé while m its service, the employé so injured being in the exercise of due care and diligence, in the following cases: First. When such injury is suffered by reason of any defect in the condition of ways, works, plant, tools and machinery connected with, or in use in the business of such corporation, when such defect was the result of negligence on the part of the corporation, or some person entrusted by it with the duty of keeping such way, works, plant, tools or machinery in proper condition: Second. Where such injury resulted from the negligence of any person in the service of such corporation, to whose order or direction the injured employé at the time of the injury was bound to conform, and did conform: Third. Where such injury resulted from the act or omission of any person done or made in obedience to any.rule, regulation or by-law of such corporation, or in obedience to the particular instructions given by any person delegated with the authority of the corporation in that behalf: Fourth. Where such injury was caused by the negligence of any person in the service of such corporation who has charge of any signal, telegraph office, switch yard, shop, round house, locomotive engine or train upon a railway, or where such injury was caused by the negligence of any person, coemployé or fellow servant engaged in the same common service in any of the several departments of the service of any such corporation, the said person, coemployé or fellow servant at the time acting in the place and performing the duty of the corporation in that behalf, and the person so injured obeying or conforming to the order of some superior at the time of such- injury, hav