Chesapeake & Ohio Railway Co. v. Nixon
Headline: Court reverses widow’s jury award after railroad worker killed on company tracks, ruling the worker assumed commuting risk and the railroad did not owe extra lookout duty.
Holding: The Court ruled that, because the foreman had permission to use company equipment while commuting and was expected to protect himself, the railroad did not owe an extra lookout duty and the widow’s recovery fails.
- Makes it harder for families to recover when workers assume routine on-job risks.
- Allows employers to expect employees to look out for danger during routine inspections.
- Limits employer liability when an employee has permission to use company equipment for commuting.
Summary
Background
A widow sued a railroad company after her husband, a section foreman, was killed on the company’s tracks. He used a three-wheeled rail velocipede to travel and to inspect track. He had permission from his supervisor to use that machine to go from home to work about a mile away. He left at 6:30 a.m., five minutes before he was struck by a train. A jury found for the widow, and a Virginia appellate court affirmed, but the case reached this Court under the Employers’ Liability Act because the death occurred in interstate commerce.
Reasoning
The key question was whether the railroad had a duty to keep a lookout for the foreman while he was using the velocipede, or whether he assumed the risk himself. The Court said that permission to use the car for the short commute did not increase the company’s obligations. The foreman’s regular job required him to watch for danger and to tell his crew to do the same. Given that routine and the jury’s findings about the crew’s behavior, the Court concluded the foreman bore the ordinary risks and reversed the judgment for the widow.
Real world impact
This decision makes it harder for families to recover when a worker on company property had permission to use equipment and was expected to protect himself. Employers can expect employees who perform safety-sensitive tasks to take customary precautions. The ruling changes the outcome for this case by reversing the earlier award.
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