Appellate Court of Indiana , in Banc. Appeal from Grant Circuit Court ; J. Charles , Judge. Judgment for plaintiff , and defendant appeals. Cole , of Peru, Ind. John H. Kay , of Chicago, Ill.
Dowling , of Indianapolis, for appellee. On and for some time prior to June 8, , one Tony Companion was in the employment of appellant as a member of a crew of men working as track repair and track maintenance men, on appellant 's main line of interstate railroad. On the day named said crew was working in Grant county , Ind. A trial resulted in a verdict and judgment in favor of appellee , from which this appeal is prosecuted.
The appellant first contends that the complaint upon which this case was tried was insufficient, and that the court erred in overruling its demurrer thereto. After this amendment was made, no demurrer was filed to the complaint as amended. There is therefore no question as to the sufficiency of the said complaint before us. Travelers' Ins. Martin , Ind. Owens , 11 Ind. In support of this proposition counsel for appellant say:. In this contention we cannot concur. This was a work in furtherance of interstate commerce.
This work, of necessity, was not all of one kind; some laborer or laborers distributed the spikes, others the plates, others placed the rails, others the bolts necessary to fasten rail to rail, while still others did the work of placing the bolts through the plates and rails and then tightening the same.
Each and all were contributing their part towards the accomplishment of the end desired-the laying of a new track to take the place of the old. The deceased was carrying water to these men; he was, in this way, contributing his part towards the accomplishment of the end desired; he had a part in this work the same as the laborer who distributed and laid the new spikes upon the tie where they were to be driven; each of such persons was doing an act which aided other workmen to accomplish their particular task more speedily and we hold that the work of the said deceased, as a water boy, was so intimately connected with interstate commerce as to be a part thereof.
