Louisville & N.R. Co. v. Stephens

• Citation: 298 Ky. 328
• Court: United States State Supreme Court (Kentucky)
• Decision Date: 28 April 1944
• Parties: Louisville & N.R. Co. v. Stephens.

298 Ky. 328

Louisville & N.R. Co. v. Stephens.

Court of Appeals of Kentucky. Common Law and Equity Division.

April 28, 1944.

1. Commerce. — The moving of empty coal cars, coming from outside state, to coal mines in state for loading and transportation of coal to other states, is in "furtherance of" and substantially "affects interstate commerce" within Federal Employers' Liability Act, since "furtherance" means helping along, as well as promoting or advancing, and "affect" means to act or produce an effect upon. Federal Employers' Liability Act, sec. 1, 45 U.S. C.A., sec. 51.

2. Statutes. — The Federal Boiler Inspection Act must be read and applied with Federal Employers' Liability Act in determining question of railroad company's liability for death of locomotive fireman as result of boiler explosion. Federal Boiler Inspection Act sec. 2, 45 U.S.C.A., sec. 23; Federal Employers' Liability Act sec. 1, 45 U.S.C.A., sec. 51 3. Master and Servant. — A rule promulgated by Interstate Commerce Commission under its authority to establish standards of compliance with Federal Boiler Inspection Act has force of law and becomes part of such act. Federal Boiler Inspection Act, sec. 2, 45 U.S.C.A., sec. 23.

4. Master and Servant. — Whatever is in fact an integral or essential part of completed locomotive and all parts or attachments definitely prescribed by lawful order of Interstate Commerce Commission are within Federal Boiler Inspection Act, prohibiting railroad company from using any locomotive, unless its boiler, tender and all parts and appurtenances thereof are in proper condition and safe to operate in service to which put. Federal Boiler Inspection Act, sec. 2, 45 U.S.C.A., sec. 23.

5. Master and Servant. — A water glass, disclosing level of water in locomotive boiler, or appliance serving same purpose, is required, as integral or essential part of completed locomotive, by Federal Boiler Inspection Act, regardless of Interstate Commerce Commission's regulations requiring water glass, gauge cocks and properly located lamp enabling engineer to see water in glass, and railroad company owes continuing duty to provide such device, with clear visibility. Federal Boiler Inspection Act, sec. 2, 45 U.S.C.A. sec. 23.

6. Master and Servant. — In action under Federal Employers' Liability Act for death of locomotive fireman as result of boiler explosion, complaint alleging defendant railroad company's negligence in equipping, preparing and supplying locomotive was sufficiently definite to warrant introduction of evidence as to defective water glass and other safety instruments. Federal Employers' Liability Act, sec. 1, 45 U.S.C.A., sec. 51; Federal Boiler Inspection Act, sec. 2, 45 U.S.C.A., sec. 23.

7. Pleading. — In action for death of locomotive fireman as result of boiler explosion, any deficiency in allegations of petition as to defendant railroad company's negligence in equipping, preparing and supplying locomotive must be regarded as cured by judgment for plaintiff. Federal Employers' Liability Act, sec. 1, 45 U.S.C.A. sec. 51; Federal Boiler Inspection Act, sec. 2, 45 U.S.C.A., sec. 23.

8. Master and Servant. — While it is railroad company's absolute duty to obey provisions of Federal Boiler Inspection Act, no actual or constructive notice of defects in or unsafe condition of locomotive boiler need be proved, and violation of such provisions constitutes negligence per se, such negligence must be proximate contributing cause of employee's injury to authorize recovery of damages from company for such injury or employee's resulting death. Federal Boiler Inspection Act, sec. 2, 45 U.S. C.A., sec. 23.

9. Master and Servant. — Contributory negligence is no defense to action, based on Federal Boiler Inspection Act, to recover damages from railroad company for death of locomotive fireman as result of boiler explosion, as railroad company is absolutely liable for injuries proximately caused by its failure to comply with terms of such act. Federal Boiler Inspection Act, sec. 2, 45 U.S. C.A., sec. 23.

10. Master and Servant. — A railroad company is liable under Federal Boiler Inspection Act for death of employee as result of any condition rendering locomotive unsafe to operate and involving unnecessary peril to life or limb, though there was no mechanical defect or inadequacy therein. Federal Boiler Inspection Act, sec. 2, 45 U.S.C.A., sec. 23.

11. Master and Servant. — Evidence of rupture of crown sheet on locomotive boiler, due to insufficient water therein, established railroad company's negligence in operating train under "res ipsa loquitur doctrine", which means literally that "the thing speaks for itself", so as to render company liable under Federal Employers' Liability Act and Boiler Inspection Act for resulting death of locomotive fireman. Federal Employers' Liability Act sec. 1, 45 U.S.C.A., sec. 51; Federal Boiler Inspection Act, sec. 2, 45 U.S.C.A., sec. 23.

12. Master and Servant. — In action against railroad company for death of locomotive fireman, there was no variance between petition, alleging that defendant and its agents and servants, through gross and wanton negligence in equipping, preparing, supplying and operating locomotive, caused explosion thereon, resulting in death of plaintiff's intestate, and evidence that crown sheet of locomotive boiler was ruptured because there was not enough water in boiler. Federal Employers' Liability Act, sec. 1, 45 U.S.C.A., sec. 51; Federal Boiler Inspection Act, sec. 2, 45 U.S.C.A., sec. 23.

13. Master and Servant. — A locomotive fireman, confronted with necessity of choosing instantly between remaining at his post and being scalded by steam from burst locomotive boiler or jumping from engine cab while train was running relatively slow, was not guilty of contributory negligence, barring recovery from railroad company for his death, in jumping, instead of remaining in cab as hindsight showed would have been safer course. Federal Employers' Liability Act, sec. 1, U.S.C.A., sec. 51; Federal Boiler Inspection Act, sec. 2, 45 U.S.C.A., sec. 23.

14. Negligence. — The "proximate cause" of injury is that cause which, in natural and continuous sequences, unbroken by any efficient intervening cause, produces injury which would not otherwise have occurred.

15. Negligence. — Mere intervention of responsible human being between another's wrongful act and injury to third person does not absolve wrongdoer from liability therefor, but he is answerable for all consequences immediately and directly brought about by intervening cause, if set in motion by him as original wrongdoer.

16. Master and Servant. — The fact that railroad brakeman, in his natural haste to escape from locomotive engine cab to avoid death or injury from steam, smoke and embers escaping from boiler, which burst because of engineer's negligence in failing to keep sufficient water therein, knocked fireman from cab, causing his death, did relieve railroad company from liability therefor on ground that such negligence was not "proximate cause" of death.

17. Master and Servant; Negligence. — In action against railroad company for locomotive fireman's death, instructions predicating defendant's liability on jury finding that defendant failed to equip locomotive with sound and proper water glass correctly registering water level in boiler or that engineer negligently failed to keep boiler supplied with sufficient water, with result that it exploded, causing deceased to fall or jump from cab, instructions that he was not contributorily negligent in failing to choose safest course or means to escape injury when confronted with sudden emergency and that his contributory negligence would not defeat recovery, but proportionately diminish damages recoverable, were correct. Federal Employers' Liability Act, sec. 1, 45 U.S.C.A., sec. 51; Federal Boiler Inspection Act, sec. 2, 45 U.S.C.A., sec. 23.

18. Death. — In action against railroad company for death of plaintiff's husband while working as fireman on defendant's locomotive, instruction to make calculations on amount of damages awarded bearing interest at highest net rate which evidence showed could be had on money safely invested and secured was not erroneous because of failure to authorize recovery based on such rate of interest as jury reasonably believed could be ordinarily obtained from safe investments. Federal Employers' Liability Act, sec. 1, 45 U.S.C.A., sec. 51.

19. Death. — The measure of damages recoverable under Federal Employers' Liability Act for employee's death is pecuniary damage actually sustained by his dependents, and in case of widow alone, amount which decedent would reasonably have contributed to her as his wife during their joint lives. Federal Employers' Liability Act, sec. 1, 45 U.S.C.A., sec. 51.

20. Death. — In action under Federal Employers' Liability Act for employee's death, instructions as to damages should not prescribe formula for finding present value of pecuniary benefits which plaintiff could reasonably expect to receive from decedent had he continued to live. Federal Employers' Liability Act, sec. 1, 45 U.S.C.A., sec. 51.

21. Death. — The amount of damages recoverable under Federal Employers' Liability Act by widow or other dependent relatives of deceased employee depends on proof of pecuniary assistance or support which beneficiaries had reason to expect from decedent, which must be determined according to general common law as administered by federal courts, so as to limit recovery strictly to financial loss sustained. Federal Employers' Liability Act, sec. 1, 45 U.S.C.A., sec. 51.

22. Death. — The measure of recovery under Federal Employers' Liability Act for employee's death is present cash value of future benefits which plaintiff had reason to expect from decedent, and jury must be so instructed. Federal Employers' Liability Act, sec. 1, 45 U.S.C.A., sec. 51.

23. Death. — In determining present cash value of...