Hughes v. Delaware, L. & W.R. Co.

• Decision Date: 25 May 1916
• Citation: 233 F. 118
• Court: U.S. District Court — Northern District of New York
• Parties: HUGHES v. DELAWARE, L. & W.R. CO.

233 F. 118

HUGHES v. DELAWARE, L. & W.R. CO.

United States District Court, N.D. New York.

May 25, 1916

Chas V. Byrne, of Syracuse, N.Y., for the motion.

Cregg Bros. & Rulison, of Syracuse, N.Y., opposed.

RAY District Judge.

Under the federal Employers' Liability Act the plaintiff Esther A. Hughes as administratrix, etc., obtained a verdict in her favor for $3,710 damages for the death of Thomas F Hughes, alleged to have been caused by the negligence of the defendant railroad company, and which death occurred in the early morning of the 4th day of August, 1914, in the yards of the defendant at Syracuse, N.Y., where Hughes was employed as switchman by the defendant. The court submitted to the jury the question of defendant's negligence in failing, if it did fail, to give proper and suitable warnings of the approach of its switching engine, backing two cars, to the plaintiff's intestate, Thomas F. Hughes, who must have been close by the side of or upon the tracks upon which said engine and attached cars were moving, or in having a man or lights on the moving cars and engine in such position as due care and circumstances required.

The accident occurred at about 4 o'clock in the morning, just before the break of day, and when it was so dark that the employes could see only a car length ahead and that dimly. At the place where the accident happened the freight track runs parallel with the main passenger track and at a distance of only 8 feet therefrom. Other switch tracks lead off from the freight track forming what is known as a ladder track. A switch post with a colored light, but giving but little light, was at the junction of each of these switch tracks to indicate its position. At the time of the accident a long freight or coal train just coming in from Scranton, Pa., was passing and making the usual noise incident to the passage of such a train. On the other side of this main passenger track and running parallel with it, at a distance of 7 1/2 or 8 feet therefrom, was a 'home track,' or storage track filled with cars. The main passenger tracks were 4 feet 8 inches from rail to rail, and hence it was nearly 20 feet from the moving cars on the freight tracks to the cars on the 'home track.' It was the duty of the deceased, Thomas F. Hughes, to attend these switches and throw them. In doing so he was required as matter of course to move up and down, and sometimes across, the tracks. As this freight train was passing, the switch engine with a refrigerator car attached ran upon the 'home track,' took on another car, moved back upon the main passenger track, and backed down towards the switchman's shanty at a rate of about 5 miles per hour. No light was attached to either end of these moving cars. A man with a lantern was on top of this rear car, but his position thereon was somewhat uncertain. There was a light attached to the tender of the engine, but of course the light was thrown to one side. The bell on the switch engine was ringing. There were grabirons on one side of this rear car and near the rear end, and also a stirrup for the feet, but none on the other. This yard in which these cars were moving was very badly or imperfectly lighted. It was dark in this canal, so to speak, formed by the cars standing on the home track on the one side and the moving train on the freight track on the other.

When last seen alive, Hughes, the plaintiff's intestate, was somewhere in the neighborhood of 100 feet or more northerly of the switchman's shanty. Here he passed a few words with the conductor...