Reber v. Bond

• Decision Date: 20 May 1889
• Citation: 38 F. 822
• Parties: REBER v. BOND.
• Court: U.S. District Court — Southern District of Mississippi

38 F. 822

REBER v. BOND.

United States Circuit Court, S.D. Mississippi, Eastern Division.

May 20, 1889

Calhoun & Green, for petitioner.

Nugent & McWillie, for respondent.

HILL J.

This petition was exhibited by petitioner in his life-time against F. S. Bond, receiver, in the case of Farmers' Loan &amp Trust Co. v. Vicksburg & M.R.R. Co., and since his death revived in the name of his administrator, to recover damages for injuries received by him by the alleged gross carelessness and negligence of the employes of the said receiver. The answer of the receiver denies the carelessness and wrongful acts alleged. Proof has been taken on both sides, and the questions of fact, as well as law, submitted to the court. The undisputed facts are as follows: Dr. Reber this petitioner, on the 23d day of August, 1888, purchased a ticket from the agent at Brandon to Jackson, and got aboard the freight train bound westward, and took his seat in what is called the 'caboose car,' which has in it cushioned seats for the accommodation of such passengers as might desire to travel by that train. When the train arrived in Jackson it passed the freight depot, and beyond Capitol street, stopping for a very short period with the caboose car at Capitol street, where one of the passengers got off the train, the others-- some eight-- remaining. The train was then backed down to the switch, towards the freight depot. When the caboose got opposite the depot, it stopped for a short time, when some one remarked that that was the place to get off. Dr. Reber, and all the other passengers desiring to get off the train, arose from their seats, and started to get out, when by a sudden jerk or jar the caboose was thrown back, which threw the passengers forward, who were on their feet, and Dr. Reber was thrown violently down on the floor, causing injuries to different portions of his person, from which he suffered great bodily pain and suffering, rendering him helpless, and from which he afterwards died. The proof is conflicting and unsatisfactory as to the length of time the train was stopped at the crossing of Capitol street, the place where passengers usually disembarked from the caboose. That it did stop there a short time, and that one of the passengers, Mr. Jayne, did disembark there, is conceded. There is no proof, however that the passengers were notified that that was the place for those to leave the train who desired to leave it at Jackson which should have been done if they were required to leave at that point. Had that point been the regular passenger depot, such an announcement would not have been necessary, as the passengers would then know that they were in Jackson. The proof is equally conflicting and unsatisfactory as to whether the caboose was detached from the train when it arrived at the freight depot, and, if so, how long it remained before the defendant and others attempted to disembark, and the accident occurred resulting in the injuries to the petitioner. The testimony of the employes of the defendant is that the caboose was not...