217 Mich. 226 | Mich. | 1921
This suit was begun under the Federal employers’ liability act (U. S. Comp. Stat. §§ 8657-8665) to recover damages for the death of Arthur J. Ross, because of the failure of defendant to observe the provisions of the Federal safety appliance act (U. S. Comp. Stat. § 8605 et seq.) and the Federal boiler inspector act (U. S. Comp. Stat. §§ 8630-8639). It appears that Arthur J. Ross was a member of the switching crew in the yards of the Michigan Central railroad at River Rouge while that railroad was being operated by defendant. On January 29, 1918, plaintiff’s intestate with other members of his crew was riding on the foot board on the front end of a switching engine. They were going down track number 7 to shove the cars standing thereon closer together so that other cars could be placed on the track. As they approached the cars the signal was given to the engineer to slow down. A large amount of steam was escaping from the steam cocks and the signal was not observed. Plaintiff’s intestate attempted to make the coupling, but failed because of a broken jaw on the coupler of the engine. By reason of this
A great many fine distinctions have been indulged In by the courts in determining whether commerce was interstate or intrastate, but we have little hesitancy in saying that the cars which plaintiff’s intestate and his companions intended to move when the accident occurred were interstate- commerce. The cars had come into the State from a foreign State on an errand of interstate commerce on a railway engaged in interstate commerce. They were loaded with interstate freight. They had not yet reached their destination and would not until the cars were rearranged in other trains and taken to the city of Detroit and delivered to the consignees. Rich v. Railroad Co., 166 Mo. App. 379 (148 S. W. 1011); Barlow v. Railroad Co., 158 App. Div. 768 (143 N. Y. Supp. 1053) ; Montgomery v. Southern Pacific Co., 64 Or. 597 (131 Pac. 507, 47 L. R. A. [N. S.] 13) ; Seaboard Air Line Ry. v. Koennecke, 239 U. S. 352 (36 Sup. Ct. 126).
It was also insisted that the settlement was made with the Michigan Central Railroad Company and not
The argument is made that this was error. It having been determined that plaintiff’s intestate was engaged at the time in interstate commerce no recovery could be had except under the Federal act. Michigan Cent. R. Co. v. Vreeland, 227 U. S. 59 (33 Sup. Ct. 192, Ann. Cas. 1914C, 176). The Federal act provides for a different rule of damages where the action survives to the representatives. The question of damages was submitted on the theory of what plaintiff’s intestate’s estate had lost, whereas the Federal law provides that the recovery shall be limited to what the dependents have lost. This question is considered and the rule stated in 18 R. C. L. p. 862. It is there said:
"Under the Federal employers’ liability act, as interpreted by the Supreme Court of the United States, a. new and distinct right of action is given for the benefit of the dependent relatives named in the statute, and the damages recoverable are limited to such loss as results because they' have been deprived of a reasonable expectation of pecuniary benefits by the wrongful death of the injured employee. The damage is limited strictly to the financial loss sustained. If there is no reasonable expectation of pecuniary benefits, or no financial loss sustained, then there can be no recovery under this act.”
For a discussion of the rule of damages under the Federal act see note to Lamphere v. Navigation Co., 47 L. R. A. (N. S.) 80 (116 C. C. A. 156, 196 Fed. 336).