Howell v. Atlantic Coast Line R. R.
Howell v. Atlantic Coast Line R. R.
Opinion of the Court
The opinion of the Court was delivered by
Plaintiff recovered judgment against defendant for $200.00 damages for personal injuries. He testified that in June, 1910, he was employed in loading trunks on one of defendant’s passenger trains, at the Union Station, in Columbia; that while attempting to place a heavy trunk •upon others in the baggage car a shifting engine struck the car so suddenly and violently that he was thrown down and the trunk fell on him and injured him; that the leaving time of the train was 6 :05 a. m., and that it was bound for Charleston; that he had never traveled on the train him *419 self, but that the conductor, Captain Johnson, told him that it was bound for Charleston; that, at that time, defendant ran a train from Columbia to Charleston leaving at that hour — that both Captain McKay, under whom he worked, and Captain Johnson told him so; that, at that’time, there was an unusual amount of travel, on account of the closing of the schools in Columbia.
For the defendant, the station master, Hahn, testified that he had charge of the station, employed the help and handled the pay rolls of all employees, and that plaintiff was not -employed at the station in June, 1910, and had not been employed there since May, 1908; that, in 1910, defendant had no train Avhich left Columbia at 6:05 a. m. for Charleston; that the train leaving at that hour was for Wilmington ; that there was a local train which made connection at Sumter and Florence for Charleston and that it might go to Charleston; that the only through train for Charleston left at S :05 p. m.; that he did not remember any extra for Charleston being run at that time, but could not swear that one had not been run, but, if so, it carried no baggage, as only the regular trains carried baggage.
Reekie, the night baggage agent, testified that plaintiff was not employed there in June, 1910, and corroborated Hahn as to the running of the trains.
Hare, defendant’s assistant superintendent, corroborated defendant’s other witnesses as to the running of the trains, and said defendant had no conductor named Johnson running a train from Columbia to Charleston at that time.
Upon all the testimony, defendant moved the Court to direct a verdict in its favor on the ground that the evidence showed that plaintiff was injured while employed in interstate commerce, as the train on which he was hurt ran from Columbia to Wilmington, N. C., and, therefore, the Federal Employees’ Riabit3r Act was applicable, and plaintiff’s action was barred, not having been commenced within two years from date of his injury. The motion was overruled.
*420
This case affords an excellent illustration of the difficulty and confusion that would result from an attempt to apply a different rule of procedure from that which obtains in the administration of State laws. According to appellant’s contention, if the Federal statute is applicable, the Court must depart from its own rule, and decide on the weight of the evidence, and direct a verdict for defendant, if, in its opinion, the evidence is insufficient to sustain a verdict for plaintiff, but it is conceded that, under the rule of procedure in the State Court, if the Federal statute is not applicable, the Court could not have directed the verdict. As the applicability of the statute is the question at issue, which horn of the'dilemma must the Court take? If it decides the facts, and holds the statute applicable, it denies plaintiff *422 his right, under the Constitution, to have the jury decide the facts. .On the other hand, if it follows its own rule of procedure and submits the issue to the jury, if appellant’s contention be correct, it denies defendant its right, under the Federal rule of procedure, to have the Court decide the facts. This shows the futility of attempting to apply conflicting rules of procedure in the same cause.
Judgment affirmed.
Reference
- Full Case Name
- Howell v. Atlantic Coast Line R. R. Co.
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- 12 cases
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- Syllabus
- Master and Servant. Evidence. Nonsuit. Issue for Jury. Federal . Employers’ Liability Act. 1. Trial — Direction of Verdict — Review.—In determining whether the denial of defendant’s motion for directed verdict was proper, the only question for the appellate Court is whether there was any evidence which warranted a reasonable finding in favor of plaintiff. 2.. Evidence — Admissions—Corporate’ Agents. — In an action by a baggageman who claimed that he was hurt while loading trunks on a local train, testimony that the conductor said that the train was plying between local points is competent evidence that it was not an interstate train, as claimed by defendant. 3. Master and Servant — Injuries to Servant — Actions—Evidence.— In an action by a railroad employee, the questions whether he was an employee at the time of his injury, and whether he was engaged in intrastate or interstate commerce, held properly submitted to the jury. 4. Trial — Questions for Jury- — Nonsuit.—A nonsuit should be granted or a verdict directed where the evidence is not sufficient to warrant a reasonable jury in basing a verdict upon it. 5. Master and Servant — Employers’ Liability Act — Practice—Application of Federal Practice. — The State Courts, in the administration of the Federal Employers’ Liability Act (act April 22, 1908, c. 149, 35 Stat. 65 [U. S. Comp. St. 1913, sections 8657-8665]), or in those cases where it is claimed to apply, need not follow the Federal practice, but may be guided by their own.