Zikos v. Oregon R. & Navigation Co.

Citations

• 179 F. 893
• 1910 U.S. App. LEXIS 4723

Syllabus

<p>1* Master and Servant (§ 189*) — Who Are “Fellow Servants” — Section Foreman and Crew.</p> <p>A railroad section foreman and the members of the crew working under him are “fellow servants” within the rule of the federal courts.</p> <p>[Ed. Note. — For other cases, see Master and Servant, Cent. Dig. § 428; Dec. Dig. § 189.*</p> <p>For other definitions, see Words and Phrases, vol. 3, pp. 2710-2730; vol. 8, p. 7662.</p> <p>Who are fellow servants, see notes,to Northern Pac. R. Co. v. Smith, 8 O. (X A. 668; Flippin v. Kimball, 31 C. C. A. 286.]</p> <p>2. Commerce (§ 58*) — Power of Congress — Regulation of Railroads — Employer’s Diability Act.</p> <p>Employer’s Diability Act April 22, 1908, c. 149, § 1, 35 Stat. 65 (U. S. Comp. St. Supp. 1909, p. 1171), has not perpetuated the infirmities which rendered Act June 11, 1906, c. 3073, 34 Stat. 232 (U. S. Comp. St. Supp. 1909, p. 1148), unconstitutional. Under the present statute a railroad company engaged in interstate commerce is liable to the extent therein provided to an employe injured while assisting in carrying on such commerce when the injury results from the negligence of a fellow servant, if such fellow servant is also engaged in interstate commerce. The facts disclosed by the complaint do not make it necessary to decide whether, if injury should result through the negligence of an employe engaged in intrastate commerce, there would be a liability under the act. The purpose to render a carrier engaged in interstate commerce liable to employe's so engaged being apparent, the provisions are separable, whatever be the rule regarding an injury resulting to an interstate employs from the- negligence of an employs not so engaged.</p> <p>[Ed. Note. — For other cases, see Commerce, Dec. Dig. § 58.*]</p> <p>S. Commerce (§ 58*) — 'Power of Congress — Interstate Carrierst-Diability to Employes.</p> <p>Congress has authority under its constitutional power to regulate interstate commerce to prescribe rules of liability as b