THULL, ADM., V. PANAMA RAILROAD COMPANY. 20

The Isthmian Canal Commission, in the du-1 hpr ocess of construction work, found it convenient and necessary, in order to accommodate and propei ly care for its workmen, who could not be furnished quarters at Gatun, to operate a special -work train along the line of the canal south of Gatun as far as Culebra. For this purpose they used the defendant company's roadbed during certain hours in the morning and af tet noon going to and from the place of work, Gatun, and this time was covered by the required tiain orders from the defendant company.
The Isthmian Canal Commission used its own equipment and furnished its own help in operating this work service. It was' not for the purpose of transporting the public generally, but only employees engaged in the work of the canal at Gatun, with the exception that some few who were at work for the Panama Railroad Company on the relocated line were also allowed passage on this train.
When this service was first instituted a subscription was taken lip from those who used the train in order to defray the extra expenses of the same, but this having proved unsatisfactory a nominal charge of 5 cents was placed on each employee, and this amount was used in paying the train crew for their extra time. The engine used on this service had no pilot, and, on the day named in the complaint, struck a cow which was on the track of the road, was derailed, and the engineer in charge of the train instantly killed.
It further appears from the record that the defendant's railroad track was not fenced.
The Panama Railroad Company is a corporation doing business in the Canal Zone, and, as such, is liable to be sued in the courts for alleged injuries, even though, as a matter of fact, its stock is owned and the road controlled by the United States Government. So long as the railroad retains its original corporate charter and exercises rights and privileges under the same, it is amenable to the law and subject to the jurisdiction of the courts.
On the contrary, the Isthmian Canal Commission is the agent of the United States Government, and, as such, can not be sued in the courts, except to the extent and in the manner that may be. provided by law. There is no provision authorizing a Suit directly against the United States Government, but there is a provision which relates to accidents among the Commission employees, and provides that dependent persons on those injured may claim

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