Bonner v. La Noue

Decision Date03 March 1891
CourtTexas Supreme Court
PartiesBONNER <I>et al.</I> v. LA NOUE.

Gould & Camp, for appellants. Link & McMeans for appellee.

HOBBY, J.

This is an action for the recovery of damages for personal injuries sustained by the appellee in December, 1889, while in the service of appellants. The case made by the proof is as follows: Appellee was, at the time stated, employed as night switchman in the yards of the International & Great Northern Railroad at Palestine, Tex., which road was being operated by appellants as receivers, duly appointed as such. It appears that the appellee arrived at Palestine on the 30th day of November, 1889, and in about an hour after he arrived in that city he was employed as night switchman by appellants, the duties of which service he began to perform at once on the night of November 30, 1889, and worked until about 3 o'clock in the morning of December 1st. His "duties consisted of switching cars, coupling and uncoupling them, and throwing switches," etc. While engaged in the discharge of these duties, on the night of December 2, 1889, at place stated, and while riding on the ladder of a box-car, as was the custom of night switchmen in performing this service, he was knocked off by one of the targets or arms of an upright switch-stand, erected by appellants close to the track. He was thrown to the ground, his right arm was run over by the cars, and the bones so crushed and mashed that amputation of the arm was necessary and ensued. There was proof that appellee had been informed of the proximity of the switch-stand to the track; and there was evidence tending to show that he did know of it. This upright switch-stand had been erected at this locality near the track in March or April, 1889. It had taken the place of a flat or ground switch, which had been previously in use at the same place; and which ground-switch, if it had remained or been replaced by one of a similar kind, would not, according to the testimony of the foreman of appellant's track department, have injured appellee in the manner he was injured by the upright switch-stand. The evidence shows that the switch-stand which knocked appellee off was about 6 feet high, and that it was too near the track. Some of the testimony locating it more than 4 feet from it, and some at 2½ feet distant. The actual measurement of one witness placed it 21 inches from the ladder of a passing box-car. It was at a point where the track curved in towards it; the lower or inner portion of the curve "throwing a box-car, at a height of 6 or 8 feet, some 3 inches nearer the switch-stand, thus reducing the distance between the box-car ladder and the switch-stand to about 18 inches." "Whether that distance is enough for a man to pass by in safety depends on how he is on the car. That is plenty of room for a man to pass through, but to a new man going on there at night it might be a little dangerous," — is the testimony of one witness in the service of appellants. It was proved that appellee was a new man in that yard, and had worked there only two...

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8 cases
  • Hough v. Rock Island Railway Co., 32855.
    • United States
    • United States State Supreme Court of Missouri
    • December 14, 1936
    ...S.W. (2d) 461; Colf v. Railroad Co., 58 N.E. 408; Paddock v. Railroad Co., 19 Pac. 191; Railroad Co. v. Michaels, 46 Pac. 938; Bonner v. Railroad Co., 15 S.W. 803; Vickory v. Railroad Co., 89 Atl. 277; Harve v. Railroad Co., 166 Fed. 384; West v. Railroad Co., 179 Fed. 801; Hawley v. Ry. Co......
  • Hough v. Chicago, R. I. & P. Ry. Co.
    • United States
    • United States State Supreme Court of Missouri
    • December 14, 1936
    ...23 S.W.2d 461; Colf v. Railroad Co., 58 N.E. 408; Paddock v. Railroad Co., 19 P. 191; Railroad Co. v. Michaels, 46 P. 938; Bonner v. Railroad Co., 15 S.W. 803; Vickory Railroad Co., 89 A. 277; Harve v. Railroad Co., 166 F. 384; West v. Railroad Co., 179 F. 801; Hawley v. Ry. Co., 133 F. 150......
  • Potter v. Detroit, G.H. & M. Ry. Co.
    • United States
    • Supreme Court of Michigan
    • December 12, 1899
    ...safe distance, in the absence of anything to excite special apprehension of danger.' The same rule obtains in Texas. In Bonner v. La None, 80 Tex. 117, 15 S.W. 803, was held that a railway company is responsible to one of its employ�s for injuries sustained from its negligently constructi......
  • Potter v. Detroit, G. H. & M. Ry. Co.
    • United States
    • Supreme Court of Michigan
    • December 12, 1899
    ...in the absence of anything to excite special apprehension of danger.’ The same rule obtains in Texas. In Bonner v. La None, 80 Tex. 117, 15 S. W. 803, it was held that a railway company is responsible to one of its employés for injuries sustained from its negligently constructing a target s......
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