
    KLAR v. ERIE RD. CO. et.
    Ohio Supreme Court.
    No. 20588.
    Decided May 23, 1928.
    Error to Portage Appeals.
    Judgment affirmed.
    991. RAILROADS — 659. Interstate Commerce.
    Empty freight car, standing on siding, not engaged in interstate commerce.
    297. CONTRACTS — 313. Corporations — 829. Negligence —54. Agency.
    Corporation held not liable for negligence of employees of another corporation which is hired tq do certain' work. Right of hiring corporation to designate repairs and later ascertain whether same were in accordance with specifications, held not to withdraw, from contractor, his control over manner of conducting work.
   MATTHIAS, J.

1. A freight car which after being used for an interstate shipment of coal and unloaded and thereafter placed on a side track to await further disposition, is not, while so retained in the yards, engaged in interstate commerce.

2. Where a corporation contracts with another for the doing of certain work without retaining the right to control or direct the manner in which such work shall be done, it is not liable to third persons for injuries resulting from the negligence of the employe of such contractor.

3. The right of such corporation to designate the repairs it desired to have made and later ascertain whether the same were made in accordance with the specifications does not withdraw from the contractor his control over the manner of conducting the work. Hughes v. Railroad Co., 39 Ohio St. 461, approved and followed.

(Day, Allen, Kinkade, Robinson and Jones, JJ., concur.)  