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Baltimore & O. S. R. Co. v. Burtch

Baltimore & O. S. R. Co. v. Burtch

Supreme Court of the United States

Argued December 3, 4, 1923 ; January 7, 1924 Decided

No. 115.

Opinion

 [*541]   [**165]   [***435]  Mr. Justice SUTHERLAND delivered the opinion of the Court.

 [**166]  This is an action brought by Guerney O. Burtch against the Railroad Company to recover damages for a personal injury suffered, as a result of the company's negligence, while he was engaged in assisting to unload a heavy ensilage cutter from a freight train at Commiskev. Indiana.  [*542]  After the allowance of the writ of certiorari Burtch died and [****3]  his administratrix was substituted as respondent.

The complaint is in two counts, the only one necessary to be considered being drawn upon the theory that at the time of the injury Burtch was an employee of the company and both were engaged in intrastate commerce. The answer denies the allegations of the complaint and  [***436]  alleges facts to establish that at the time of the injury they were engaged in interstate commerce. The contention, therefore, upon the one hand, was that the case was governed by the State, and upon the other hand, that it was governed by the Federal, Employers' Liability Act. The distinction is material, since certain common law defences abrogated by the former, are still available under the latter.

It is clear that the trial court assumed that the state and not the national law applied and the case was submitted to the jury upon that theory; and this presents the only question which it is necessary for us to consider. The jury returned a verdict in Burtch's favor, the judgment upon which was affirmed by the Supreme Court. 134 N.E. 858.

That the train carrying the cutter came from Louisville, Kentucky, is not disputed; but it is contended that [****4]  there was no evidence from which it could be determined that the shipment originated there or at any other point outside the State of Indiana; and the jury, in answer to certain interrogatories, so found. These interrogatories and answers are as follows:

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263 U.S. 540 *; 44 S. Ct. 165 **; 68 L. Ed. 433 ***; 1924 U.S. LEXIS 2819 ****

BALTIMORE & OHIO SOUTHWESTERN RAILROAD COMPANY v. BURTCH, ADMINISTRATRIX OF BURTCH.

Prior History:  [****1]  CERTIORARI TO THE SUPREME COURT OF THE STATE OF INDIANA.

CERTIORARI to a judgment of the Supreme Court of Indiana, affirming a judgment, for personal injuries, recovered by the respondent's intestate in an action against the petitioner.

CORE TERMS

train, cutter, interstate, shipment, unload

Business & Corporate Compliance, Transportation Law, Rail Transportation, Maintenance & Safety, Workers' Compensation & SSDI, Administrative Proceedings, Evidence, Burdens of Proof, Transportation Law, Commercial Vehicles, Traffic Regulation