Alabama Great Southern R. Co. v. Cornett
Citation | 106 So. 242,214 Ala. 23 |
Decision Date | 22 October 1925 |
Docket Number | 6 Div. 322 |
Parties | ALABAMA GREAT SOUTHERN R. CO. v. CORNETT. |
Court | Supreme Court of Alabama |
Rehearing Denied Nov. 19, 1925
Appeal from Circuit Court, Jefferson County; Romaine Boyd, Judge.
Action for damages by Cora Lee Cornett, as executrix of the estate of W.H. Cornett, deceased, against the Alabama Great Southern Railroad Company. From a judgment for plaintiff for $25,000 defendant appeals. Affirmed.
Stokely Scrivner, Dominick & Smith, and Andrew J. Thomas, all of Birmingham, for appellant.
Black & Harris, of Birmingham, for appellee.
The case was submitted to the jury on count 10 as amended. Among other things it is therein averred:
The reply was the general issue.
It is the contention of the plaintiff that the deceased attempted to uncouple the Atlantic Coast Line car from the New York Central car; that, due to the defective condition of the coupler operated and controlled by the lift lever on the side of the Atlantic Coast Line car, he was unable to uncouple the cars; and thereupon he went between the cars for the purpose of uncoupling them, and, as a result, fell underneath the wheels of the cars. The position of the defendant is that there was no direct evidence as to the cause of the injuries to the deceased beyond the undisputed fact that decedent was run over by one of the cars; that it was not for the jury to conjecture as to the cause thereof; and that the plaintiff failed to sustain the burden of proof placed upon her to show that said injuries were caused by defendant hauling, or permitting to be hauled or used, on its line a car used in interstate commerce not equipped with couplers which could be uncoupled without the necessity of going between the ends of the cars in the discharge of the duty of uncoupling said cars.
Defendant concedes that at the time of the injuries to the deceased it was a common carrier by railroad, engaged in commerce between the states, and that at the time of his injuries the deceased was engaged in handling cars moving in interstate commerce, so that the provisions of the federal Safety Appliance Act (Act March 2, 1893, c. 196, 27 Stat. 531 [U.S.Comp.St. § 8605 et seq.]) and the federal Employers' Liability Act (Act April 22, 1908, c. 149, 35 Stat. 65 [[[U.S.Comp.St. § 8657 et seq.]) have application to this cause of action. The contentions of the defendant as to this phase of the case are that the evidence failed to disclose a violation on its part of section 2 of the Safety Appliance Act (U.S.Comp.St. § 8606) to the effect that at the time of the injuries complained of it (defendant) was using a car with a defective coupler within the provisions of said act; and that, conceding that at the time of the injuries to deceased it was using a car with a defective coupler, plaintiff failed to discharge the burden of proof that such violation of the act proximately caused the injuries which resulted in the death of deceased.
The primary questions for decision are presented by the refusal to give the general affirmative charge at defendant's request, and the refusal to instruct the jury that plaintiff administratrix could not recover on behalf of the minor children of deceased on the "basis of loss of advice, care, instruction, training, and guidance" that said minors sustained as a result of the death of the father.
The Supreme Court of the United States has stated the reason for the enactment of the federal statute as follows:
***"St. L., I.M. & S.R. Co. v. Taylor, 210 U.S. 295, 28 S.Ct. 616, 621, 52 L.Ed. 1061, 1068.
The same finds support in S.A.L.R. Co. v. Padgett, 236 U.S. 668, 35 S.Ct. 481, 59 L.Ed. 777; M., St. P. & S.S.M.R. Co. v. Popplar, 237 U.S. 369, 35 S.Ct. 609, 59 L.Ed. 1000; U.S. v. Erie R. Co., 237 U.S. 402, 35 S.Ct. 621, 59 L.Ed. 1019; Arizona Copper Co. v. Hammer, 250 U.S. 400, 39 S.Ct. 553, 63 L.Ed. 1058, 6 A.L.R. 1537; Louisville & Jeffersonville Bridge Co. v. U.S., 249 U.S. 534, 39 S.Ct. 355, 63 L.Ed. 757, 759, and authorities collected.
Under the federal statutes entering into the decision of this case, any misconduct of said intestate, being no more than contributory negligence, is excluded as a defense in bar to a recovery by the terms of the Employers' Liability Act ( ), and by those of the Safety Appliance provisions, 27 Stat. 532 (U.S.Comp.St. § 8612); Barnes' Fed.Code (1919), pp. 1929, 1937, §§ 8030, 8071; Roberts Fed.Liab. of Carriers, p. 773 et seq.; Ala. & V.R. Co. v. Dennis, 128 Miss. 298, 91 So. 4. Pertinent observations of Mr. Justice Pitney are contained in San Antonio, etc., Co. v. Wagner, 241 U.S. 476, 36 S.Ct. 626, 60 L.Ed. 1110, 1117.
The common-law duty of due care is changed to that of an absolute duty in respects indicated by Congress. A failure of a coupler to work at any time when required or necessary held to sustain a charge of negligence or failure of statutory duty in the premises (Chicago, etc., Co. v. Brown, 229 U.S. 317, 33 S.Ct. 840, 57 L.Ed. 1204; C., B. & Q.R. Co. v. United States, 220 U.S. 559, 31 S.Ct. 612, 55 L.Ed. 582; St. L., etc., Co. v. Taylor, 210 U.S. 281, 28 S.Ct. 616, 52 L.Ed. 1061); that is to say, this prescribed and required safety appliance must not only be provided, but duly maintained in condition for operation (L. & N.R. Co. v. Layton, 243 U.S. 617, 37 S.Ct. 456, 61 L.Ed. 931). When the statute is so understood, the conduct of plaintiff's intestate was immaterial, though in contravention to positive rules or instructions by defendant. Noel v. Q.O. & K.C.R. Co. (Mo.App.) 182 S.W. 787. There was no error in the court's rulings and refusal of charges as to the rules of defendant as affecting intestate's conduct in disregard of said rules and defendant's liability for injury inflicted while so disregarding the rules. Texas & P.R. Co. v. Rigsby, 241 U.S. 33, 39, 36 S.Ct. 482, 60 L.Ed. 874, 877.
In Minneapolis & St. Louis R. Co. v. Gotschall, 244 U.S. 66, 37 S.Ct. 598, 61 L.Ed. 995, 996, Mr. Chief Justice White said:
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