Lancaster v. Hynes

• Decision Date: 19 June 1919
• Docket Number: (No. 2146.)
• Citation: 214 S.W. 957
• Parties: LANCASTER et al. v. HYNES.
• Court: Texas Court of Appeals

214 S.W. 957

LANCASTER et al. v. HYNES.

(No. 2146.)

Court of Civil Appeals of Texas. Texarkana.

June 19, 1919.

Rehearing Denied June 26, 1919.

Appeal from District Court, Marion County; J. A. Ward, Judge.

Action by E. C. Hynes against J. L. Lancaster and others, receivers. From a judgment for plaintiff, defendants appeal. Affirmed conditionally, on filing of remittitur; otherwise, reversed and cause remanded.

The appellee, a brakeman, was on a freight train of appellants which was being operated in interstate commerce, and by reason of an insecure and defective grabiron, or handhold, on a car in the train was caused to fall and thereby received bodily injuries. This action was by the appellee to recover damages for the injuries sustained, which was alleged to have occurred through violation of the federal safety appliance laws. The appellants answered by denial and a plea of negligence on the part of the appellee. The case was submitted to a jury on special issues, and in accordance with the verdict a judgment was entered in favor of the appellee.

The following findings were made by the jury: (1) That the defendant failed to keep the car from which the plaintiff fell equipped with a safe grabiron or handhold; (2) that the plaintiff was not guilty of negligence proximately causing the injury; and (3) that the plaintiff suffered damages in the sum of $7,500.

The testimony conclusively showed that the appellants were engaged in the operation of an interstate railway as a common carrier of commerce between Texas and other states, and that at the time of the injury in suit the freight train was handling cars loaded with freight in transportation from Texas to Louisiana. The train was a long one, and when it stopped at a water station east of Dallas the appellee, a brakeman, in the discharge of his duties took a grease bucket and the necessary appliances for oiling hot boxes that might be found upon the train, and walked from the caboose toward the front end of the train. After taking water the train was started, and at the time it began to move appellee was towards the front part of the train. As the train began to increase its speed appellee, fearing that he could not board the train safely by waiting till the caboose reached him, undertook to climb onto an oil car between 10 and 12 car lengths from the caboose. As appellee caught hold of the handhold of the car, it gave way by reason of a defect or loose bolt, and caused him to fall under the car, and as a result two fingers of appellee's left hand were so badly crushed that they had to be amputated at the first joint. The particular defect which caused appellee to fall was, as described, that one end of the handhold, or grabiron, on the side of the car, was either unfastened or insecurely fastened, and when appellee caught the same and placed his weight upon it in...