Hanna v. Chattanooga & N.R. Co.

• Decision Date: 31 December 1889
• Parties: HANNA v. CHATTANOGA & N. RY. CO.
• Court: Tennessee Supreme Court

12 S.W. 718

88 Tenn. 310

HANNA v. CHATTANOGA & N. RY. CO.

Supreme Court of Tennessee.

December 31, 1889

Appeal from circuit court, Sumner county; A. H. MUMFORD, Judge.

S. F Wilson and Geo. W. Boddie, for appellant.

J. J Turner, for appellee.

FOLKES J.

This was an action brought by the plaintiff to recover damages for a personal injury. The declaration contains two counts: The first, for negligence of the company through the superior of the plaintiff, and in not notifying the plaintiff of the dangers incident to the employment; second for negligence in associating the plaintiff with other employes known to the defendant to be incompetent, and injury resulting therefrom. There was a verdict and judgment for the defendant, and plaintiff has appealed in error.

The record discloses the following facts The plaintiff was employed by Settle & Link who were dealers in cross-ties, wood, etc., to accompany Link and other hands employed by him, to bring empty cars from another station by grade, for the purpose of being loaded preparatory to being turned over to the railroad company for shipment. The plaintiff was to be paid by Settle & Link for loading the cars at the rate of 40 cents per car, it requiring five men to properly load the car with wood or cross-ties, each of whom received 40 cents, making $2 for loading a car. Link, one of the firm of Settle & Link, was also railroad or station agent, and the store of his firm was used as a station or depot. Neither plaintiff nor those associated with him were experienced as railroad hands, and were not instructed or warned, but were known to each other to be without such instruction and experience. The plaintiff, in his own testimony, states that he was employed by Settle & Link, and was to be paid by them, and not by the railroad company. When Settle & Link asked for cars to move their cross-ties and wood, they were told that the company had some flat-cars up at another station, a few miles distant, and that if they would go up, and bring them down, (which they could do, on account of the grade, by merely handling the brakes, without any motive power other than that of gravity,) they could have the cars for the purpose of moving their freight, and that after they had brought them down, and loaded them, the defendant would then take charge of and move the cars in regular trains to the desired destination. Under the arrangements with Settle & Link, the railroad company carried Link and his crew of hands on a passenger train, without charge, up to the station from which the cars were to be brought. Link and his crew brought the cars to the station at which they were to be loaded. Just before reaching the station, Link instructed the plaintiff, with two of his associates, who were upon the front car, to disconnect that car, and run it on a side...