Northern Ry Co v. Page, 136

• Decision Date: 11 April 1927
• Docket Number: No. 136,136
• Citation: 71 L.Ed. 929,274 U.S. 65,47 S.Ct. 491
• Parties: NORTHERN RY. CO. v. PAGE et al
• Court: U.S. Supreme Court

274 U.S. 65

47 S.Ct. 491

71 L.Ed. 929

NORTHERN RY. CO.

v PAGE et al.

No. 136.

Argued Jan. 17, 1927.

Decided April 11, 1927.

Mr. Robert G. Dodge, of Boston, Mass., for petitioner.

Mr. Charles F. Perkins, of Boston, Mass., for respondents.

Mr. Justice BUTLER delivered the opinion of the Court.

This action was brought in the District Court of Massachusetts by Michael B. Ryan against the petitioner and the United Fruit Company, to recover damages for personal injuries sustained by him, February 23, 1918, in Costa Rica, while a passenger on a railway train alleged to have been operated by both companies. A verdict was directed for the fruit company. No question as to its liability is presented here. We may refer to the railway company as the defendant.

On the day before plaintiff was hurt, a small insurrection broke out in a part of Costa Rica west of San Jose, the capital. Plaintiff was traveling on the regular morning passenger train running easterly from that city to Port Limon on the Atlantic Coast. At Turrialba, about 65 miles from Port Limon, the train was held up by insurrectos. Its seizure was reported to the Governor at Port Limon, and he sent out a train containing government troops. After detention for some hours, the passenger train was allowed to go. The railroad is a single-track line having sidings at various places. Both trains were given orders to meet at La Pascua. The passenger train was the first to arrive at that place, and went upon the side track to let the troop train pass. The officers of the troop train gave an order to, and the troops did, fire upon the passenger cars. Some passengers were killed and others, including the plaintiff, were seriously injured.

At the close of the evidence, the District Judge, doubting whether there was anything to show negligence on the part of the defendant, submitted the case to the jury; and, in accordance with the practice in Massachusetts and that federal district, directed the jury that, if they found for the plaintiff, they should also return an alternative verdict for defendant, which could be entered if later it should be held as a matter of law that plaintiff was not entitled to recover. General Laws of Massachusetts, c. 231, § 120; Automatic Pencil Sharpener Co. v. Boston Pencil Pointer Co. (C. C. A.) 279 F. 40. The jury gave plaintiff a verdict for $25,000, and made the alternative finding as directed. Afterwards, on motion of the defendant, the District Judge set aside the verdict for plaintiff and entered the alternative verdict. He held that there was no evidence to support a finding against defendant. Subsequently plaintiff died; his administrators were made parties, and judgment was entered for defendant. The case was taken to the Circuit Court of Appeals, and that court vacated the judgment of the District Court, set aside the verdict for defendant, and remanded the case, with directions to reinstate the verdict and give judgment for plaintiffs. 3 F.(2d) 747. This court granted defendant's petition for a writ of certiorari. 269 U. S. 542, 46 S. Ct. 19, 70 L. Ed. 402.

At the trial, plaintiff called a witness familiar with Costa Rica law. He testified, in substance: One who through his fault causes injury to another is bound to make reparation. If a corporation is to be held, the negligence must be that of a person who stands in position of representative. One in immediate charge of a train is held to be the representative of the railroad company for the purpose of that operation. The rule that a high degree of care is owed by a railroad carrier to its passengers does not prevail in that country. The duty owed is uniform. It is the care exercised by a diligent head of a family-a prudent and diligent person who is his own master. In the absence of negligence on the part of the carrier, it is not liable for injuries sustained by passengers. The witness cited sections 1045 and 1048 of the Code of Costa Rica. Plaintiff sought recovery on the ground that defendant knew that the troops had reasonable cause to believe that the passenger train was transporting armed hostile forces, and failed seasonably and adequately to inform the government troops and their officers that there were no insurrectos on the passenger train.

There is little or no controversy as to the facts. The passenger train left San Jose at 8 in the morning and was due at Port Limon at 4:30 in the afternoon. It consisted of locomotive, five freight cars, a combination baggage and second-class passenger car, one or two first-class coaches, and a pay car carrying gold, silver, and express parcels. Ramsay was the conductor; he and other members of the crew were regular employees of defendant. The passengers were men, women, and children-some natives and some foreigners. The train arrived at Turrialba at half after 11. There the insurrectos held it up and searched for persons connected with the government. One was taken on suspicion, but no one else was molested. The officers in command gave assurance that the train would be detained only while the insurrectos used the engine to destory track between that place and San Jose. About a quarter before 6, the train was allowed to go. As it was leaving, an officer ordered some insurrectos to go and blow up the bridge at Torito, which is about two miles east of Turrialba. When the train arrived at Torito all the insurrectos got off. The train went to Peralta four or five miles further on, where the conductor received an order to pass a special train at La Pascua, which was five or six miles ahead. No information was given him that this was the train carrying troops. That train left Port Limon about half after 3. It was also in charge of regular employees of the defendant. The train crew and the officers in command of the troops knew that the passenger train had been held up by the insurrectos. The troops were ordered to Turrialba to meet the rebels. At Las Lomas orders were received to pass an extra or special train at La Pascua about six miles west. The troop train arrived at La Pascua about 7 o'clock.

We quote from the record:

'Grant, a witness called for the plaintiff, testified on direct examination as follows: 'When the cars came close enough you could see guns sticking out of the window in perfect alignment, and see troops standing on the steps; * * * I believe somebody on the ground, Mr. Ramsay or Mr. Veitch or somebody else there, mentioned that it was a troop train going up to attack these revolutionists.' When the locomotive of the troop train arrived opposite the combination baggage and pas- senger car, Ramsay flagged it, and told the engineer to look out for the Torito bridge where he had left revolutionists, that he would probably find it torn up. Two officers then alighted from the troop train, and one said to Ramsay, 'What train is this?' * * * he replied that it was the regular passenger train from San Jose to Limon. He told the officer in English and then in Spanish that there were no revolutionists on board. Ramsay testified that he knew the officer by sight, as he had traveled on his train before. At the same time the other officer was speaking to one Veitch. * * * He asked Veitch what the train was, and Veitch replied that it was the passenger train from San Jose to Limon, and that there were no revolutionists on board. Veitch had been an importer and banana grower in Costa Rico for eleven years prior to 1918, and was then consular agent for the Italian government. Ramsay then signaled his train to proceed; the officers demanded that it be halted, which was done. The troop train then began to move forward, the officers walking beside it. When the passenger cars of the troop train were approximately opposite the passenger coaches of the passenger train, and while the troop train was still in motion, although coming to a stop, one of the officers raised his sword and waved it, and an order to fire was given. Immediately the firing began by the troops, some kneeling in the car with their guns extending out of the windows about three feet, and some on the platforms.'

The record contains nothing that in any material or substantial particular conflicts with that account of what there occurred. In fact, it is supported by the testimony given by plaintiff in his own behalf. He said: The passenger train went upon the siding at La Pascua and was there five or ten minutes before the troop train arrived. He remained in the coach. Some of the passengers got off the train and walked about. When the troop train first stopped, the engines were about opposite each other. He saw Conductor Ramsay and the officers in command of the troops talking, but did not hear what they said. There was nothing to indicate that any one was alarmed or expected trouble. The...