William J. Brennan, Jr.

“ Switching is a vital operational activity of railroading consisting in the breaking up and assembly of trains and the handling of cars in interchange with other carriers. This function, in the Houston area, has been contracted by the respondent and its predecessors, and other carriers, to the Belt Railway, a carrier specially organized for that purpose. ”

“ The organizing carriers, or their successors, own the Belt Railway's stock and are represented on its Board of Directors in proportion to their holdings. The respondent owns one-half of the stock and designates one-half of the directors. The Belt Railway receives some income from non-stockholding carriers but the carrier stockholders otherwise share the net expenses of its operations according to an agreed formula. The Belt Railway employs its own switching crews and other personnel, and owns and operates the facilities and rolling stock used in the switching operations. ”

“ This broad purpose controls our decision in determining whether the Belt Railway and its switching crew were 'agents' of the respondent within the meaning of the section. [4] Plainly an accommodating scope must be given to the word 'agents' to give vitality to the standard governing the liability of carriers to their workers injured on the job. ”

“ The cost of human injury, an inescapable expense of railroading, must be borne by someone, and the FELA seeks to adjust that expense equitably between the worker and the carrier. Kernan v. American Dredging Co., 355 U.S. 426, 431, 438, 78 S.Ct. 394, 397, 401, 2 L.Ed.2d 382. The Senate Committee which reported the Act stated that it was designed to achieve the broad purpose of promoting
'the welfare of both employer and employee, by adjusting the losses and injuries inseparable from industry and commerce to the strength of those who in the nature of the case ought to share the burden.' S.Rep. ”

“ Great Northern R. Co., 102 Minn. 81, 112 N.W. 875, 1081, 13 L.R.A., N.S., 1196, or as a duty springing from the franchise to see that no wrong is done through the exercise by other persons of chartered powers. North Chicago Street R. Co. ”

“ The Court of Civil Appeals for the Ninth Supreme Judicial District of Texas reversed upon the ground that the FELA did not subject the respondent to liability for injuries of its employee caused by the fault of employees of the Belt Railway. 295 S.W.2d 508. The Supreme Court of Texas denied the petitioner's application for writ of error. We granted certiorari. 355 U.S. 809, 78 S.Ct. 14, 2 L.Ed.2d 28.
Neither the respondent railroad nor its predecessors have, since 1905, performed switching operations in the Houston terminal area. ”