Chicago, R.I. & P. Ry. Co. v. James
| Decision Date | 06 March 1909 |
| Citation | 100 P. 641 |
| Parties | CHICAGO, R.I. & P. RY. CO. v. JAMES. |
| Court | Kansas Supreme Court |
Syllabus by the Court.
A car of a freight train moving about 30 miles an hour between stations was ignited by sparks from the engine. The conductor discovered the fire and announced it to several passengers in the caboose. One of them ran to the rear platform, and was looking forward along the side of the train, when a severe lurch, caused by the application of the brakes by the engineer, threw him to the ground, causing severe injuries. In an action to recover damages therefor, held:
Evidence that the conductor called out in a loud voice and excited manner, within the hearing of the passengers, that the train or a car was on fire, and that thereupon the plaintiff became excited and alarmed and ran to the rear platform to see where the fire was and what danger he was in if any, and to provide for his safety if there was any danger from fire, his injury resulting from his being upon the platform while the train was suddenly stopped does not tend to establish such negligence on the part of the conductor as to render the company liable.
[Ed Note.-For other cases, see Carriers, Dec. Dig. § 283.[*] ]
Evidence that the lurch which threw the plaintiff to the ground was caused by the engineer making an emergency application of the air brakes, and that the train could have been stopped almost as quickly, and with less jolting, by a more gradual application, resulting in an ordinary or service stop, does not tend to establish such negligence on the part of the engineer as to render the company liable.
[Ed. Note.-For other cases, see Carriers, Cent. Dig. § § 1192, 1205, 1206; Dec. Dig. § 298.[*] ]
Error from District Court, Marion County.
Action by A. C. James against the Chicago, Rock Island & Pacific Railway Company. Judgment for plaintiff, and defendant brings error. Reversed.
M. A. Low, Paul E. Walker, and J. D. McFarland, for plaintiff in error.
W. H. Carpenter, for defendant in error.
A. C. James, with other passengers, was riding in the caboose of a freight train on which he had cattle in shipment. Sparks from the engine ignited hay in one of the cars. The conductor discovered the fire and uttered an exclamation regarding it. James ran to the rear platform, from which he fell, receiving serious injuries, on account of which he brought an action against the railway company, recovering a judgment to reverse which this action is brought.
A number of questions have been argued, but the view taken of the matter by this court makes it necessary to consider only this one: Did the evidence tend to charge the company with actionable negligence either (a) by reason of the manner in which the conductor and brakeman announced to the passengers the existence of the fire, or (b) by reason of the fact that the engineer, by using the emergency brake, instead of a less abrupt means of stopping the train, caused an unnecessary lurch of the caboose?
The evidence necessary to a determination of the first part of this inquiry is found largely in the testimony of the plaintiff, and may be fairly summarized thus: The train was between stations running about 30 miles an hour. About noon the conductor, who was seated with the passengers under the cupola, said in an excited manner, and in a voice so loud that they heard him distinctly above the rumbling of the train, either, "This damn train is burning," or "That damned car is afire." A brakeman who had been in the cupola at once jumped to the floor and said, "Take buckets," or, "Grab buckets," adding something about the fire. The plaintiff, being much excited and alarmed by the word "fire," rushed to the rear of the car to see where the fire was and what danger he was in, if any, and to provide for his safety if there was danger from fire. He went out upon the platform, descended to the first step, and looked up the side of the train, when a lurch of the car threw him off. The theory of ...
To continue reading
Request your trial