Yarrington v. Delaware & Hudson Co.

Citations

• 143 F. 565
• 1906 U.S. App. LEXIS 4654

Syllabus

<p>1. Courts—State and Federal Courts—Rules of Decision—State Statutes.</p> <p>The construction given by the highest court of a state to' the local statute law regulating the liability of railroad carriers is binding upon the federal courts.</p> <p>[Ed. Note.—For cases in point, see vol. 13, Cent. Dig. Courts, § 957.}</p> <p>2. Carriers—Negligence—Passengers—Mail Clerk—Act Pa. April 4, 186S —Quasi Employes.</p> <p>By reason of the local Pennsylvania act of April 4, 1868 (P. L. 58), as construed in Railroad v. Price, 96 Pa. 256, although contrary to the great weight of authority elsewhere, a railway mail clerk is not a passenger, and according to the provisions of the statute, in case of personal injury while engaged in the performance of his duties on or about the road, works, depots, or premises of a railroad, or any train or car thereon, can only recover of such company the same as one of its own employes.</p> <p>[Ed. Note.—For cases in point, see vol. 9, Cent Dig. Carriers, § 979.]</p> <p>3. Same—Joint Trackage Eights of Different Roads.</p> <p>Wliere, however, two railroads have joint trackage rights over the same track, and an employé of one of them is injured thereon by the negligence of the other company, the following rules of construction of the statute have been established:</p> <p>(a) The track, for the application of Act Pa. April 4, 1868 (P. L. 58), must be regarded as the property of each road, while using it, whether the use be by virtue of joint or several ownership, charter rights, lease, license, or traffic agreement. • ,</p> <p>(b) Where the place of the accident is clearly and for general purposes the road, works, depots, or premises of the railroad company defendant, it is sufficient for the application of the act, if the person injured is engaged or employed in and about such road, works, depots, or premises, and is not a passenger.</p> <p>(c) Where, however, the accident occurs in a place which is not exclusively and for general purposes, but