Rucker v. Wabash Railroad Company
Decision Date | 03 December 1969 |
Docket Number | No. 17392.,17392. |
Citation | 418 F.2d 146 |
Parties | Sandra K. RUCKER, Herbert Rucker, Cheryl Dunham, etc., and James Dunham, Plaintiffs-Appellants, v. WABASH RAILROAD COMPANY, Defendant-Appellee. |
Court | U.S. Court of Appeals — Seventh Circuit |
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Thomas F. Londrigan, Robert Weiner, Springfield, Ill., for appellants.
Alfred F. Newkirk, of Giffin, Winning, Lindner, Newkirk & Cohen, Springfield, Ill., for appellee.
Before KNOCH, Senior Circuit Judge, CUMMINGS and KERNER, Circuit Judges.
Plaintiffs brought this diversity action for personal injuries resulting from a train-automobile collision on the Constant Street railroad crossing of defendant Wabash Railroad Company at Dawson, Illinois. Four of the counts of the Amended Complaint claimed a statutory violation and a wilful statutory violation. The remaining counts were for negligence and wilful and wanton misconduct. At the close of the evidence, the court directed a verdict for the defendant on the statutory counts, and the jury returned a verdict for the defendant on the common law counts. Plaintiffs appeal from the final judgment entered against them.
On the afternoon of March 25, 1964, plaintiff, Cheryl Dunham, was a passenger in an automobile being driven by her aunt, Sandra Rucker, also a plaintiff. After turning off Route 36 onto Constant Street, Mrs. Rucker's automobile crossed the passing track and stalled on the main track of defendant. Cheryl Dunham jumped out of the car and unsuccessfully attempted to extricate her aunt and to push the car off the track. She then ran down the track away from the eastbound train and was injured when the train, which was approaching Dawson, propelled the car into her. Her aunt was badly injured at the same time.
At the Constant Street crossing, there are three sets of tracks: a passing track, the main track and a house track. The tracks run in an east-west direction and are intersected by Constant Street running north and south. There was testimony from witnesses that at the time of the accident, 82 empty freight cars were stored on the passing track west of the crossing, commencing at a distance of 150 to 564 feet from the crossing. The passing track is south of the main track and the house track is north of it. In 1949, the President and Trustees of the village board of Dawson, Illinois, complained to the Illinois Commerce Commission, seeking the establishment of special protective facilities at this crossing. The Commission found that various obstructions, specifically including standing railroad cars, rendered the crossing "extra hazardous," and the railroad thereafter installed flasher lights.
The first question for consideration is whether the district court properly struck Counts IX-XII of the complaint alleging a violation of Rule 205 of General Order 138 of the Illinois Commerce Commission and Ill.Rev.Stat. (1967), ch. 111 2/3, § 77.1 The complaint charged that the cars standing on the passing track constituted "unnecessary obstructions" which materially obscured the view of oncoming trains to highway travelers in violation of Rule 205, and therefore rendered defendant liable under the statute.
The statute also empowered the Commission to designate "extra hazardous" crossings and specify steps which the railroad should take in order to protect persons and property. Defendant does not contend that the Commission lacked the power to amplify the provisions contained in Section 58. In fact defendant concedes that Rule 205 has enlarged the class of objects specifically enumerated in the statute by the inclusion of "weeds and crops." The railroad argues, however, that by Rule 205 the Commission enlarged the statutory class only to the extent of natural objects. In our view, this interpretation of the rule is too restrictive.
Administrative regulations, like statutes, must be construed by courts, and the same rules of interpretation are applicable in both cases. II Sutherland, Statutes and Statutory Construction, § 4007, p. 280 (3d ed. 1943). Like statutes, administrative rules are to be construed to effectuate the intent of the enacting body. United States v. Miller, 303 F.2d 703 (9th Cir. 1962). To this end, courts look first to the plain language of the statute or rule and the legislative purpose behind its enactment. Where statutory language and objective appear with reasonable clarity, they are not to be overcome by resort to mechanical rules of construction, whose function is not to create doubts but to resolve them when the real issue or statutory purpose is obscure. United States v. California, 297 U.S. 175, 186, 56 S.Ct. 421, 80 L.Ed. 567; United States v. Rice, 327 U.S. 742, 66 S.Ct. 835, 90 L.Ed. 982. This admonition is as applicable to the doctrine of ejusdem generis as to other interpretive aids. The limits to the use of that doctrine have been recognized even in the construction of criminal statutes, which are ordinarily narrowly construed. Gooch v. United States, 297 U.S. 124, 56 S.Ct. 395, 80 L.Ed. 522. As the Supreme Court observed in United States v. Alpers, 338 U.S. 680, 682, 70 S.Ct. 352, 354, 94 L.Ed. 457:
Since the plain meaning of "other unnecessary obstructions" is broad enough to include freight cars, the rule of ejusdem generis should not have been applied. Hagen v. City of Rock Island, 18 Ill.2d 174, 178-180, 163 N.E.2d 495 (1959); II Sutherland, Statutes and Statutory Construction, § 4909 (3rd ed. 1943).
Our conclusion that freight cars constitute "obstructions" within the meaning of Rule 205 does not, however, dispose of the issues presented by the application of that regulation to the present case. Rule 205 requires removal of only those obstructions which are "unnecessary." "Necessity" in the sense required by the Rule is a flexible concept. It does not demand that the object be the sine qua non of continued operation of the railroad. Rather, to fall outside the scope of the Rule, the object need only perform some useful and meaningful function contributing to the workings of the railroad. Obstructions which bear only a remote or tangential relation to railroad operation, or which are located at a particular place only by virtue of convenience, would be "unnecessary." Clearly, trees and other natural obstacles serve no aspect of railroading. Likewise, abandoned machinery, billboards and other items of dross might well fall within the same classification. In the present case, there was evidence that the freight cars stood on the passing track next to the main track for approximately two years. A third house track, previously used for storage purposes, may have remained empty on the other side. There was no evidence...
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