246 Pa. 1 | Pa. | 1914
Opinion by
This is an action of trespass to recover damages for personal injuries resulting in the death of plaintiff’s husband who was employed as a brakeman in a general freight yard of defendant railroad company located in the City of Pittsburgh. The suit was brought under two Acts of Congress — the Employer’s Liability Act of April 22, 1908, and the Safety Appliance Act of March 2, 1893. In such a case the burden is on the party suing to prove the facts necessary to show a violation of the Federal statutes, and that the injured party was engaged in interstate commerce or with its instrumentalities at the time of the accident. In the case at bar the injured party was engaged as a brakeman on a shifting crew in a freight yard where all kinds of freight were received and distributed. If the action had been brought at common law or for the violation of a State statute, the question of the character of the commerce in which the decedent was engaged at the time of his injury would have been immaterial; but plaintiff elected to bring her suit under the Acts of Congress, as she clearly had the right to do, and thus assumed the burden of making out a case under the Federal statutes. The controlling question for decision here is whether the evidence adduced at the trial was sufficient to make out a prima facie case
It is further contended for appellee that the failure to produce the records of the draft of cars in question when subpoenaed to do so amounts to a suppression of evidence on the part of appellant and raises a presumption that decedent was engaged in interstate commerce. The difficulty with this argument is that the facts do not sustain it. The witness Allen was subpoenaed to produce the records of the conductor Hickey showing the cars he moved in the freight yard on the night of the accident. The witness appeared and testified and there is nothing in his testimony to indicate a suppression of evidence. He said he had no such records and that as soon as the subpoena was served he wired the Philadelphia office, where all record's were kept, asking for the records in question, but was informed that no record of empty cars was kept. This witness testified that reports
As we view this case the burden was on plaintiff to prove facts to show that her husband was engaged in interstate commerce, or had to do with the instrumentalities of such commerce, at the time he received his injuries, and as to these essential facts the proofs fail to make out a prima facie case. It is difficult to lay down a definite rule márking the division lines between intra and interstate commerce in this class of cases so as to be
This position is sustained by a historical view of the decisions and legislation relating to. this subject. The Employer’s Liability Act of Congress of June 11, 1906, 34 Stat. 232, was declared unconstitutional by the Su
There is some question as to the evidence being sufficient to sustain a charge of negligence under the Acts of Congress even if it appeared that decedent was engaged in interstate commerce at the time. It is a close question to say the least, but it is of no special importance in the view we have taken of the case, that there was no proof to show decedent to have been engaged in interstate commerce. Having failed to establish this essential fact the case falls.
This case has now been heard and carefully considered by all the members of this court with the result that there is entire agreement upon the conclusion reached. In other words we all agree that the evidence was insufficient to make out a case showing that decedent was engaged in interstate commerce when injured.
Judgment reversed and is here entered for defendant upon the whole record.