131 A. 484 | Pa. | 1925
Deceased, a freight brakeman, was assigned to duty on a regular run from Verona, the home or lay-over for the crew operating this train, to Sharpsburg and return. This run was a day's work. The major movement was toward Sharpsburg; the return brought back to Verona what, if any, cars were to be had at Sharpsburg or Coleman, an intermediate point. If there were none such, the return was "light" or "empty" with engine and caboose. *579
On the morning in question, he left Verona with a train of 55 cars, part interstate. On reaching Sharpsburg, the train was placed in the yard, and the crew, with engine and caboose, without cars or other freight, returned light to Verona. Midway on this return journey, they were placed on track No. 2 to await favorable opportunity to continue to destination. While waiting, the conductor had a tower operator ascertain whether any cars were at Coleman to be sent to Verona. Meanwhile, a ground switchman sent, by mistake, a passenger train on track No. 2 instead of track No. 4. The result was a collision, in consequence of which the death of the brakeman occurred as he sat in the caboose. This location was not a regular stopping place to receive orders for cars at the Coleman yard, no cars were received, and the crew was returning home.
The question we must decide is whether Patterson, the brakeman, on the return trip, was performing an act so directly or immediately connected with the previous act (engagement in interstate commerce) as to be a part of it, or a necessary incident thereto (Southern Pacific Co. v. Industrial Accident Commission,
The question, in view of the adjudicated cases, might be regarded as close. As the court below held the service continuous, — appellant taking no exception to the manner of its submission to the jury, contending, from the undisputed testimony, the return to Verona was intrastate, — we should not disturb the conclusion reached *580
unless intrastate service clearly appears. After careful consideration of federal cases, we stated, in Koons v. Phila. Reading Ry. Co.,
Patterson was admittedly engaged in interstate service up to Sharpsburg. The question is then, at what point thereafter, if any, did he disassociate himself therefrom, or what was the nature of the work being done at the time of the injury?
Considering the two questions as one, we have an admitted interstate service, which continued until the crew reached Verona and he had disassociated himself therefrom, unless there was an interruption: Erie R. R. Co. v. Winfield,
Defendant relies on Illinois Central R. R. Co. v. Peery,
The case was rightly decided by the court below. As to the objection that the award under the Workmen's Compensation Act might permit double recovery, appellee having perfected her rights thereunder with an award in her favor against appellant, the court below will take such action as may be necessary to prevent payment of both claims in her own right under the state law and as administratrix under the Federal Act. Attention is called to our Compensation Act, and decisions of this court thereunder as affecting these rights.
Judgment affirmed. *583