Galveston, H. & S. A. Ry. Co. v. Enderle

• Citation: 170 S.W. 276
• Decision Date: 14 October 1914
• Docket Number: (No. 5323.)
• Parties: GALVESTON, H. & S. A. RY. CO. v. ENDERLE.
• Court: Court of Appeals of Texas

170 S.W. 276

GALVESTON, H. & S. A. RY. CO. v. ENDERLE.

(No. 5323.)

Court of Civil Appeals of Texas. San Antonio.

October 14, 1914.

Rehearing Denied November 11, 1914.

Appeal from District Court, Bexar County; R. B. Minor, Judge.

Action by T. L. Enderle against the Galveston, Harrisburg & San Antonio Railway Company. From a judgment for plaintiff, defendant appeals. Affirmed.

Baker, Botts, Parker & Garwood, of Houston, and Templeton, Brooks, Napier & Ogden, of San Antonio, for appellant. John Sehorn, of San Antonio, for appellee.

FLY, C. J.

This is a suit for damages arising from personal injuries inflicted upon appellee, an employé of appellant, through a defective handhold on one of appellant's cars. The cause was tried by jury, and resulted in a verdict and judgment for appellee in the sum of $9,750.

The evidence discloses that appellee, while in discharge of his duty as an employé of appellant, sought to leave the top of a car and in doing so laid hold of the handhold on the car, which gave way and precipitated him to the ground, inflicting upon his person serious and permanent injuries.

The first assignment of error assails the validity of article 6713, Rev. Stats. 1911, "because it does not designate the number, dimensions, location, and manner of application of the appliances provided for, or prescribe any means by which the legislative intent in that regard can be ascertained, and it is impossible from the language of the statute to ascertain the legislative intent, or what would constitute compliance with the provisions of the statute." The article in question reads as follows:

"It shall be unlawful for any common carrier engaged in commerce as aforesaid, to use in moving intrastate traffic within said state any locomotive, tender, cars, or similar vehicle which is not provided with sufficient and secure grabirons, handholds and foot stirrups."

While the language is somewhat tautological and not specially marked with elegance, it seems to be plain and simple, and capable of being understood by any one who desires to understand it. The statute does not purport to provide the size, material, number, or style of the appliances mentioned, but it merely provides for such appliances as are "sufficient and secure," such, for instance, as will not give way and precipitate the servants of the corporation to the earth, as happened in this case. The law has often been enforced in this state, and railroad companies have not heretofore evinced any doubt as to the meaning and intent of the simple language in which the statute is couched. The statute was enacted to protect those who were called upon to use the appliances named, and it was not incumbent upon the Legislature to state that by the words "sufficient and secure" it was meant that the appliances would not be safe unless they were strong enough to sustain the weight of the passenger or employé who might use them.

Appellant insists that by the word, "sufficient," used in the statute it was intended to prescribe the number of appliances that should be used, but if that be true we fail to see what satisfaction appellant can obtain from that construction, because the appliances were to be both "sufficient and secure," and under the facts the handhold was certainly not secure, no matter how many of them may have been on the car. We are of opinion, however, that the word, "sufficient" is used in the sense of adequacy and adaptation to the end desired. It means fitness to answer the purpose for which it was intended. It is not synonymous with "secure," which, as used in the statute, means safe. We can readily understand that a handhold might be perfectly secure and yet not be sufficient for the purposes for which it is used. The words used in the statute are plain, and no difficulty can be experienced in meeting the simple requirements of the statute....