Hooks v. New Orleans & N.E. R. Co

• Decision Date: 15 May 1916
• Citation: 72 So. 147,111 Miss. 743
• Parties: HOOKS v. NEW ORLEANS & N.E. R. CO
• Court: Mississippi Supreme Court

72 So. 147

111 Miss. 743

HOOKS v. NEW ORLEANS & N.E. R. CO

Supreme Court of Mississippi

May 15, 1916

March 1916

APPEAL from the circuit court of Lauderdale county, HON. J. L BUCKLY, Judge.

Suit by J. L. Hooks, administrator of one Hawkins, deceased, against the New Orleans North Eastern Railroad Company. From a directed verdict for defendant, plaintiff appeals.

This suit was filed by appellant as plaintiff in the court below against the appellee for damages for the death of one Hawkins, for whose estate appellant had been appointed administrator. Hawkins was an employee of the appellee, and the suit is filed under the Federal Employers' Liability Act. An interstate shipment of piling had been consigned over appellee's road from Slidell, La., and had been routed through Meridian, Miss., where appellee maintains its shops where Hawkins was employed as a mechanic and car repairer.

When the shipment of piling reached Meridian it was discovered that the standards on the flat cars supporting said piling were cracked, and Hawkins and a helper were detailed to make the proper repairs and remedy the defects so that the shipment could proceed. The piling was sixty or seventy feet in length and was loaded in layers on two flat cars, because of the length of the piling one flat car could not hold them. The piling was loaded in the usual manner by placing pieces of timber near the center of the two cars and laying one layer of piling across the two cars resting on the timbers. On top of and across the first layer another timber was laid and the next layer of piling placed upon same. They were supported on the flat cars by two standards on each side of each car, and the standards were wired together at the top. Some of the standards were discovered to be cracked, and Hawkins and his helper climbed upon top of the cars and made an investigation. It was decided to place new standards at other points on the cars and then remove the cracked standards and replace them by new and sound uprights. Hawkins sent his helper back to the shop for some tools, and as he returned with the tools the standards broke, and Hawkins was thrown to the ground and crushed by the falling piling. The testimony shows that Hawkins pushed against the upright standards, which gave way, and there is evidence that he cut the wire which tied the standards together across the top of the car.

In the suit the plaintiff claims that the cars were...