Murray v. Southern Ry. Co.

• Decision Date: 28 October 1910
• Citation: 131 S.W. 183,140 Ky. 453
• Parties: MURRAY v. SOUTHERN RY. CO.
• Court: Kentucky Court of Appeals

131 S.W. 183

140 Ky. 453

MURRAY v. SOUTHERN RY. CO.

Court of Appeals of Kentucky.

October 28, 1910

Appeal from Circuit Court, Bell County.

Action by George W. Murray against the Southern Railway Company. Judgment for defendant, and plaintiff appeals. Affirmed.

N. J Weller, for appellant.

Wm Low, for appellee.

HOBSON J.

George Murray on October 7, 1908, was walking along the Southern Railway track from Fonde, Ky. to Pruden, Tenn. A section crew of the railway company shortly afterwards started down the railway toward Pruden. They had what is called a push car which is a truck six or eight feet long with four wheels that runs on a railway track. The truck was loaded with old ties and rails. Four or five of the sectionmen were in charge of the push car, and the remainder of the section crew were on the hand car some 40 or 50 feet behind it. When they got to a part of the track that was a slight downgrade, the push car moved by its own weight, and the men got upon it. One of them had a hand stick which was used as a brake. As they were going on in this way and moving about four or six miles an hour, with the hand car coming behind them, they approached two women walking on the track, and Murray, who was some 20 or 40 feet ahead of the women. Some of the men on the car began whistling, others tooting like a train, and, when the car got within a few feet of the women, they stepped from the track. Murray was very deaf, and about the time they passed the women the men on the car perceived that he had not heard their signals. The man with the hand stick used it as a brake to stop the car, and another jumped off, and aimed to run to Murray to warn him. When the car was practically on Murray, he turned around and grabbed some of the timbers on the car with his hands, and was dragged along by the car until it was stopped. He was considerably bruised, and one of his toes was injured. He brought this suit to recover for his injuries, and at the conclusion of the evidence for him which shows the facts above stated the court instructed the jury peremptorily to find for the defendant. This the jury did, and, his petition having been dismissed, he appeals.

Murray was a trespasser upon the railroad track. The point at which he was injured was some distance from either station, and the railway men were not required to anticipate the presence of trespassers there. The cause of his being injured was his...