80 So. 262 | La. | 1918
The plaintiff’s husband was run over and killed by a switch engine of the defendant company while he was performing his duties as yard foreman, employed by the company. The railway company is a common carrier, and was engaged in interstate as well as intrastate commerce at the time of the accident. The eastern terminus of the road is at New Orleans, La., and the western terminus at El Paso, Tex. The accident happened at Addis, La., a junction point on the main line, through which pass interstate freight and passenger trains of the defendant' company, and where the defendant has extensive railroad yards.
This suit was brought by the widow, for herself and on behalf of her children, for compensation under the Employers’ Liability Act, the Act No. 20 of 1914, as amended by the Act No. 243 of 1916. Judgment was rendered in favor of the widow and children,
“That this act shall not be construed to apply to any employer acting as a common carrier while engaged in interstate or foreign commerce by railroad, which employer, by reason of being engaged in interstate or foreign commerce by railroad, is not subject exclusively to the legislative power of the state of Louisiana, or for which employer and the employ® thereof a rule of liability or method of compensation has boon, or may be, established by the Congress of the United States; nor shall it apply to any employ® of such common carrier injured or killed while so employed.”
The defendant, being a common carrier engaged in interstate commerce by railroad, is not subject exclusively to the legislative power of the state of Louisiana. In fact, legislative control of the road, in some respects, had been exercised by the Congress of the United States before this case arose. The railroad rates, for example, are regulated by the Interstate Commerce Commission. The hours of service for railroad employés are limited by acts of Congress. The railroad equipment must conform to federal Safety Appliance Acts. And the railroad company’s liability for personal injuries is regulated by the federal Employers’ Liability Act.
“Considering the status of the railroad as a highway for both interstate and intrastate commerce, the interdependence of the two classes of traffic in point of movement and safety, the practical difficulty in separating and dividing the general work of the switching crew, and the nature and extent of the power confided to Congress by the commerce clause of the Constitution, we entertain no doubt that the liability of*229 the carrier for injuries suffered by a member of the crew in the course of its general work was subject to regulation by Congress, whether the particular service being performed at the time of the injury, isolatedly considered, was in interstate or intrastate commerce.”
The Employers’ Liability Act of this state, unlike the statutes of some other states on the subject, is not so worded that a case must come within the provisions of the federal Employers’ Liability Act to be excluded from the operation of the state statute. In its precise terms, the state statute does not apply to employers engaged in interstate commerce as common carriers’ by railroad, because railroads engaged in interstate commerce are not subject exclusively to the legislative power of the state, and because, for them and for the employés thereof, the Congress of-the United States has authority to establish a rule of liability or method of compensation for personal injuries suffered by the employés.
Our conclusion is that the Employers’ Liability Act of this state, on which alone the plaintiff rests her claim, does not give her a right of action for compensation.
The judgment appealed from is annulled, and the plaintiff’s demand is rejected, and her suit dismissed at her cost.