172 Ind. 56 | Ind. | 1909
Appellee recovered on March 16, 1906, a judgment for the death of her intestate, John A. Inzer, under section one of the employers’ liability act (Acts 1893, p. 294, §8017 Burns 1908), which reads as follows: “That every railroad or other corporation, except municipal, operating in this State, shall be liable for damages for personal injury suffered by any employe while in its service, the employe so injured being in the exercise of due care and diligence, in the following cases: * * * Fourth, Where such injury ivas caused by the negligence of any person in
A demurrer for want of facts to the amended complaint was overruled. Verdict and, over a motion for a new trial, judgment in favor of the appellee.
The ruling of the court on said demurrer is assigned as error.
It appears from each paragraph of the amended complaint that appellant was a corporation engaged in the manufacture of cars at its plant in Clark county, and then and there maintained a building where cars were constructed. “In said building there was a railroad track which was laid lengthwise in said building, and which extended through the same and outside and through the yard of said defendant, upon which said plant was then and there located, and connected with the track of the Baltimore and Ohio Southwestern Railroad Company.” Said Inzer was in the employ of appellant as a tinner, and by his contract required to work on the roof of the cars being constructed by appellant.
This was upon the ground that the act imposed burdens upon private corporations not placed upon individuals or partnerships engaged in a similar business under like circumstances and conditions; that said classification had no reasonable basis, because made to depend upon the character of the employer, and not upon the character of the employment.
In Pittsburgh, etc., R. Co. v. Lightheiser (1907), 168 Ind. 438, this court, following the cases therein cited, held that said act put railroads in a class by themselves, and that said classification was proper on account of the dangerous and
In the cases cited by appellee to sustain her contention as to the sufficiency of the amended complaint, the defendants were engaged in operating railroads for the transportation of freight in the conduct of their private business. Whether such cases are applicable to the law in controversy here we need not decide, for the reason that no such state of facts is shown by the amended complaint.
It is proper to say that this case was tried and final judgment rendered by the court below before Bedford Quarries Co. v. Bough, supra, and Pittsburgh, etc., R. Co. v. Lightheiser, supra, were decided by this court.
Judgment reversed, with instructions to sustain the demurrer to the amended complaint.