5292. Block system, exemption.

Before this section was amended in 1911, it was so indefinite that actions could not be maintained under it to recover penalties. Railroad Com. v. Grand Trunk etc. R. Co., 179 Ind. 255, 100 N. E. 852.

[Acts 1909, p. 68. In force April 5, 1909.]

5295. Freight train crews.

5296. Passenger train crews.

The above section 5295, 5296 Revision of 1914, were repealed by section 1, Acts 1921, p. 178. Section 52960 and 5296p of the above act is also repealed. See section 5296u.

[Acts 1909, p. 68. In force April 5, 1909.]

52960. Flagman, experience.

5296p. Misdemeanor, penalty.

The above act, sections 5295, 5296, 52960 and 5296p Revision of 1914, was repealed by section 1, Acts 1921, p. 178.

[Acts 1911, p. 124. In force April 21, 1911.]

5296q. Switching crews.

5296r. Foremen and helpers.

5296s. Penalty.

The above sections 5296q to 5296s inclusive Revision of 1914, were repealed by section 5296t being section 1, Acts 1921, p. 178.

[Acts 1921, p. 178. In force May 31, 1921.]

5296t. Repeal.-1. An act entitled "An act to regulate the number of men to be employed in the business of operating engines engaged in switching cars and to prescribe the qualifications of such men", approved March 2, 1911, be, and the same is hereby repealed.

This section repeals sections 5296q, 5296r and 5296s Revision of 1914.

[Acts 1921, p. 178. In force May 31, 1921.]

5296u. Repeal.-1. An act entitled "An act concerning railroads, regulating the operation of trains, providing for the number of employes on the same, prescribing penalties, and repealing all laws and parts of laws in conflict therewith," approved February 26, 1909 [,] be and the same is hereby repealed.

This section repeals sections 5295, 5296 and 52960 and 5296p Revision of 1914. 5308. Relief associations, injuries, waiver.

The statute relating to the liability of railroad companies for injuries to employes where such employes belong to a relief association, can not affect contracts entered into before the enactment of the statute; and such statute, in so far as it relates to interstate carriers, has been superseded by the federal employers' liability act. Baltimore etc. R. Co. v. Miller, 183 Ind. 323, 107 N. E. 545.

This section was not repealed by the act of 1911, sections 8020a-8020k, R. S. 1914, regulating the liability of employers for injuries to employes, and such section is not unconstitutional because it applies to railroad companies only; and when a railroad company deducts from the wages of an employe a sum to support a relief association in violation of the provisions of this section, such employe may recover the amount so deducted. Baltimore etc. R. Co. v. Hagan, 183 Ind. 522, 109 N. E. 194; Baltimore etc. R. Co. v. Miles, 184 Ind. 719, 112 N. E. 524. If a railroad employe joins a relief association maintained by the railroad company, and signs an agreement to waive any claim for personal injuries, he is not precluded from suing to recover damages for such injuries, as such agreement is void. Wells v. Vandalia R. Co., 56 App. 211, 103 N. E. 360; Boes v. Grand Rapids etc. R. Co., 59 App. 271, 108 N. E. 174, 109 N. E. 411.

If a railroad employe becomes a member of a relief association, and he consents to the application of a portion of his wages to the support of the association, and he accepts and retains the benefits of the association, he can not claim that the entire contract is void. Wells v. Vandalia R. Co., 56 App. 211, 103 N. E. 360. An action against a railroad employes' relief association for benefits can not be maintained, where the establishment of such association is void under this section. Baltimore & Ohio S. W. R. Co. v. Duncan, 62 App. 161, 112 N. E. 898. Under this section a contract by a railroad company with its employes, requiring them to become members of a relief association, and to accept benefits thereunder in full payment for personal injuries that may be sustained by them, is void. Baltimore & O. S. W. R. Co. v. Poston, 63 App. 591, 114 N. E. 981.

Where an application for membership in a railroad relief department was signed in Indiana, but was accepted in Ohio, the applicant being employed in Indiana, the law of this state governs as to the rights of the parties. R. Co. v. Kelly, 187 Ind. 323, 119 N. E. 256.

Vandalia

This section is not void as being a regulation of interstate commerce. Vandalia R. Co. v. Kelly, 187 Ind. 323, 119 N. E. 256.

This section is superseded by Act Cong. April 22, 1908, ch. 149, section 5, 35 Stat. 65 (U. S. Comp. Stat. 1916, section 8661), providing that any contract intended to enable a common carrier to exempt itself from any liability for injury to an employe shall to that extent be void but that such common carrier may set off any sum it has contributed or paid to any insurance that may have been paid to the injured employe on account of injury in an action under the provisions of the act. Pittsburgh, C., C. & St. L. Ry. Co. v. Miller, Ind. 119 N. E. 801.

This section invalidating contracts for waiver by employes belonging to relief does not violate federal Const., art. 1, section 8, giving congress the exclusive right to regulate interstate commerce. Pittsburgh, C., C. & St. L. Ry. Co. v. Miller, - Ind., 119 N. E. 801.

Under this section, contributions to the relief fund of a voluntary relief department deducted by a railroad company are not recoverable on the theory that the entire contract was void, as this act has been superseded by Act Cong. April 22, 1908 (U. S. Comp. Stat. 1916, sections 8657-8665.) Vandalia R. Co. v. Sanders, 187 Ind. 704, 121 N. E. 275.

This section, which prohibits members of railroad relief associations to waive damage against a railroad company, is not in conflict with U. S. Const. art. 1, section 1, conferring on Congress the exclusive right to regulate interstate

commerce.

Pittsburgh, C., C. & St. L. Ry. Co. v. Miller, 187 Ind. 684, 120

N. E. 706.

5325. Readjustment-Incorporation-Evidence.

In view of this section and sections 5326, 5327, it is held that section 5327 confers the power of eminent domain on foreign railroad corporations. Howard v. Illinois Cent. R. Co., 186 Ind. 88, 115 N. E. 50.

5326. Purchasers enjoy former franchises. See note to section 5325.

5327. When purchaser a foreign corporation. See note to section 5325.

[Acts 1919, p. 824. In force May 15, 1919.]

5339a. Purchase or lease of connecting roads.-1. (a) That whenever a railroad company organized under the laws of this state, or under the laws of this state and another state or states, and being a citizen of this state shall be in possession by ownership or lease of a railroad forming a through line with or which is connected with a railroad belonging to or held under lease by a railroad company organized as aforesaid, then either of said companies so organized may sell and convey said railroad so possessed by it or any part thereof to said other company so organized and said other company may purchase and acquire such railroad or any part thereof together with all the rights, powers, privileges, franchises, immuníties and other properties used in connection therewith or pertaining thereto, or may lease to said other company such railroad or any part thereof upon such terms and conditions as may be agreed upon between the boards of directors of the respective companies, and thereupon and thereafter the railroad company so purchasing shall hold in fee or otherwise and forever use and enjoy the property so purchased and acquired and may exercise the powers, privileges, immunities and franchises of the company whose property is so purchased and acquired, and the company so purchasing, when necessary or proper, may exercise the power of eminent domain in acquiring lands or property necessary or convenient for betterment, maintenance, extension or operation of such railroad and for the construction, use and maintenance of spurs, switches, sidetracks, depots, stations, terminals and other facilities to be used in connection with such railroad: Provided, however, Said sale and purchase

or lease shall be approved by the stockholders, owning not less than two-thirds in amount of the capital stock of the respective companies becoming parties to such purchase and sale or lease, and such approval may be given at any annual or special meeting called in the same manner that annual meetings are called and upon sixty days' notice being given to all the shareholders of the question to be acted upon by a publication in some newspaper published in the county or counties where the principal office or place of business of the company or companies aforesaid may be situated or located: Provided, further, That the company which purchases or leases any such railroad shall operate the railroad in this state and hold such property situated within this state, and the franchises so acquired subject to all the rights, powers, privileges, duties and obligations prescribed by the general railroad laws of this state for the regulation, government, taxation, or control of railroad companies organized or which may be organized under the laws of this state: and Provided, further, That this act shall not be construed so as to permit any railroad company to purchaes or lease any competing line of railroad in this state: and Provided, further, That no railroad company, not organized under the laws of the State of Indiana, shall hereafter become the owner by purchase of any line of railroad or part or appurtenances thereof, situate in the State of Indiana, and nothing in this act shall be construed to give power to any railroad company not incorporated under the laws of the State of Indiana, to hereafter become the purchaser of any such railroad or part thereof situated in said state.

(b) That a railroad company organized under the laws of this state, or under the laws of this state and another state or states, may lease its railroad in this state to a railroad company organized under the laws of another state or states whose railroad forms a through line or which is connected with the railroad of the company organized as aforesaid under the laws of this state, or of this state and another state or states, if authorized by the boards of directors of the respective companies and approved by the stockholders thereof in the manner herein before in this section 1 provided: Provided, That the company which leases any such railroad shall operate the railroad in this state and hold such property situated within this state, and the franchises so acquired by lease, subject to all the rights, powers, privileges, duties and obligations prescribed by the general railroad laws of this state for the regulation, government, taxation, or control of railroad companies organized or which may be organized under the laws of this state: and Provided, further, That this act shall not be construed so as to permit any such railroad company to lease any competing line of railroad in this state:

and Provided, further, That in the event of any such lease as in this sub-section (b) provided, the corporation of this state, or of this state, and any other state or states, lessor therein, shall remain liable as if it operated the road itself, and both the lessor and lessee shall be jointly liable upon all rights of action accruing to any person for negligence or default or from any other cause growing out of the possession, operation and maintenance of such railroad, or in any wise connected therewith, and may be jointly or severally sued in the courts of this state of proper jurisdiction, and prosecuted to final judgment therein as in other cases of joint or several liability. Service may be had upon such railroad companies, or either of them, by the service of process upon any officer or agent of either of the companies in the manner provided for the service of summons upon railroad companies under the laws of this state.

This section amends section 5339a Revision of 1914.

[Acts 1921, p. 27. In force February 16, 1921.]

5343a. Railroads, mortgage foreclosure, purchase.-1. Whenever any railroad, situated partly in this state and partly in an adjoining state, shall be owned by a corporation formed by the consolidation of a railroad corporation or corporations of this state with a railroad corporation or corporations of such adjoining state, and which consolidated corporation shall have its principal office and the greater part of its railroad in such other state, shall be sold under a decree or decrees of foreclosure or sale of any court of competent jurisdiction, any lines of such railroad situated in the State of Indiana may be purchased, together with the connecting lines or a connecting line in such adjoining state, by any corporation organized under the laws of such adjoining state, and authorized and empowered by the laws of such adjoining state to purchase, own, operate and maintain any railroad sold or transferred under such decree of foreclosure or sale.

5343b. Foreign corporations, right to operate railroad.-2. In case the whole or any part of any railroad situate within this state (a part of which is situate in another state) shall become vested in a corporation of such other state, and such corporation shall also acquire a part of such railroad situate in such other state, the said corporation may exercise and enjoy, within this state, for the purposes of such railroad and its business, all the powers, rights, privileges, immunities and franchises of a railroad corporation organized under the laws of this state: Provided, That such corporation shall have filed, in the office of the secretary of state of this state, a copy of its certificate or articles of incorporation, certified by the secretary of state of such other state; and Provided, further, That the corporation which acquires any such railroad shall hold and operate the part thereof so