Coyle v. Pittsburgh, C., C. & St. L. Ry. Co.

• Decision Date: 22 November 1900
• Citation: 155 Ind. 429,58 N.E. 545
• Court: Indiana Supreme Court
• Parties: COYLE v. PITTSBURGH, C., C. & ST. L. RY. CO.

155 Ind. 429

58 N.E. 545

COYLE

v.PITTSBURGH, C., C. & ST. L. RY. CO.

Supreme Court of Indiana.

Nov. 22, 1900.

Appeal from circuit court, Jefferson county; P. E. Bear, Judge.

Action by Edward S. Coyle, administrator, against the Pittsburgh. Cincinnati, Chicago & St. Louis Railway Company. From a judgment in favor of defendant, plaintiff appeals. Affirmed.L. V. Cravens and Van Osdol & Francisco, for appellant. Stansifer & Baker, for appellee.

HADLEY, J.

Appellant sued appellee to recover damages for personal injuries alleged to have been sustained by his intestate, Thomas Welch, through the negligence of the appellee. It is alleged in the complaint that the defendant owns and operates a railroad, which it had negligently suffered to get and remain out of repair, in a manner specifically stated, for the space of 10 days prior to the accident, and which defective condition was well known to the defendant and unknown to the decedent; that Welch had been employed in Madison by the defendant as a section hand, and had proceeded to North Madison to work, where he was informed by the section boss that he was not needed; that it had long been the custom of the defendant to permit all persons hired to work on the road to ride from their work at North Madison to their residences in Madison on any freight train belonging to defendant, without special permission or pass, and that said custom was well known to both Welch and the defendant; “that it was the custom, rule, and practice of said company that no caboose or passenger coach of any kind was hauled on said freight trains from North Madison to Madison, but all persons riding on said freight trains were permitted to ride down hill from North Madison to Madison on the freight cars attached to said train; that, relying upon said custom as aforesaid, and with the permission, knowledge, and consent of the defendant, its agents, servants, and employés, the said Thomas Welch, within a very short time after he was informed by said section foreman that his services would not be needed or required at said time, did on said day board a freight train which at said time was standing on defendant's track at or near the depot of said defendant at the station of North Madison, which said freight train was run, managed, and operated by the servants and employés of said defendant, and which said train had no caboose or passenger car attached, and all the cars of which said train was composed were filled up with freight, and the doors of all of said cars were locked and barred; that it was at said time against the rules of said company to permit such laborers to ride on the engine attached to said freight trains; that after boarding said train the said Welch took a position on the front platform of the last freight car attached to said train, which said position was the safest place available for him to take on said train at said time, and he was standing, firmly grasping the brake rod affixed to said car”; that on the journey to...