Linstead v. Chesapeake & Ohio Ry. Co., 276 U.S. 28 (1928)

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Linstead v. Chesapeake & Ohio Railway Company

No. 171

Submitted January 11, 1928
Decided February 20, 1928
276 U.S. 28

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SIXTH CIRCUIT

Syllabus

Train crews of the Big Four Railroad, operating under a reciprocal arrangement for freight exchange between it and the C. & O. Railroad, ran Big Four locomotives and cabooses from the common terminal over a twelve-mile stretch of C. & O. track, on which were several stations, to a point on the C. & O. where they picked up trains of freight cars destined for the Big Four and returned with them to its line. Though the men were paid by the Big Four and subject to discharge or suspension only by it, the traffic was C. & O. traffic, paid for under its tariffs, and the work was done under the rules of that railroad and under the immediate supervision of its trainmaster.

Held that a member of such a crew, injured while so engaged, was pro hac vice an employee of the C. & O. Railroad, within the Employers’ Liability Act. P. 32.

14 F.2d 1021 reversed.

Certiorari, 273 U.S. 690, to a judgment of the circuit court of appeals, reversing a judgment recovered by the above-named petitioner in an action under the Federal Employers’ Liability Act for the death of her husband in an accident on the Chesapeake & Ohio Railway.