Snyder v. Cleveland, C., C. & St. L. Ry. Co.

• Decision Date: 20 June 1899
• Citation: 54 N.E. 475,60 Ohio St. 487
• Court: Ohio Supreme Court
• Parties: SNYDER v. CLEVELAND, C., C. & ST. L. RY. CO.

54 N.E. 475

60 Ohio St. 487

SNYDER v. CLEVELAND, C., C. & ST. L. RY. CO.

Supreme Court of Ohio.

June 20, 1899

Error to circuit court, Darke county.

This action was against the Cleveland, Cincinnati, Chicago &amp St. Louis Railway Company, to recover for the unlawful killing of Henry C. Snyder, of whose estate plaintiff in error is administratrix. In the petition it was averred among other things, that: The defendant, at and near the town of Pittsburg, Darke county, Ohio, maintained upon the north side of the main track of its railway a small depot or station building and a station platform for the deposit and storage of articles of freight handled by defendant, and on the south side, along and near the main track, maintained a number of side tracks or switches, which were used from time to time by said railway company for the purpose of storing freight cars, switching trains and cars, loading and unloading freight from such cars, and transferring the same to said station building and platform, and for other purposes connected with the management of said railway. On or about May 24, 1897, Henry C. Snyder, then in full life, was, and had been for some time previous, in the employ of said defendant as station agent at said station of Pittsburg, and among other things, under the orders and directions of said defendant, and with its knowledge, acquiescence, and approval, the said Snyder was accustomed to assist in the loading and unloading of freight to and from the cars on said side tracks, and in transferring the same to and from the station platform on the north side of said main track, and to assist in locking and unlocking the freight cars upon said tracks and the main track, and in assisting in giving information as required by the men in charge of the trains upon said track as to the placing of freight cars from which freight was to be unloaded, or into which freight was to be placed, and under the orders and directions of said defendant, and with its knowledge, acquiescence, and approval as aforesaid, and in the line of his employment as aforesaid was constantly moving about and over said yards, tracks, and switches. On said May 24, 1897, defendant had caused to be placed upon one of the side tracks, at and near said station a freight train, with an engine attached thereto, and containing a number of cars from which it was necessary to load and unload freight, and which said cars were to be locked and unlocked by decedent in connection with his duties aforesaid, and which freight train was standing opposite to said depot platform, and the engine of which was attached to the western end of said freight train, and about 50 or 75 feet west of a point directly opposite said station building aforesaid, and which said engine was steamed up, and from which issued smoke and escaping steam, and also a certain amount of noise. At the same time defendant had caused to be placed upon its tracks, about 300 or 400 feet west of said station building, a freight train with locomotive, headed to the eastward, and standing still; that thereafter, and while the decedent and the other employés of defendant were engaged in unloading freight from the train standing upon said side track opposite said station platform, and in locking and unlocking the cars thereof as they were required and accustomed to do, and while decedent was upon and passing along the main track, engaged in his duties aforesaid, and exercising due care on his part, the defendant carelessly and negligently caused its said train of cars standing upon said main track to the westward of said station building to move eastwardly, without noise, without signals or warning of any kind, or other precaution for the safety of its employés on said tracks along said main track to the place where decedent was walking, and to strike, knock down, and run over the said decedent, cutting off both his limbs, from which injuries the said Snyder, after languishing for a few hours, died. Said defendant company knew at the time of said accident, and for some time previous, that the decedent and other of its employés were constantly on and over the said main track and switches, and that it was then and there the duty of said defendant company, before moving said train of cars along and over said main track, past said station platform, to give signals and warnings to its employés of the approach of such train. And the defendant was further required to have the employés on said train keep a lookout, while passing on and over said tracks in front of said station platform, for the safety of the employés of said defendant, and that the employés of defendant in charge of said train could have known, by the use of ordinary care, that decedent was upon said track and in danger of being run onto by said train of cars, in ample time to have stopped said train and avoided said injury; but the engineer, on moving said train, and the fireman, who was under his direction and control, failed to use ordinary care to protect said decedent, and failed and neglected to keep any lookout for decedent or the other employés of said company, but, with knowledge that decedent was upon and crossing said tracks, moved the said train eastwardly, as aforesaid, through said yards, without signals and warnings as aforesaid, and without keeping lookout as aforesaid, and carelessly, negligently, recklessly, and regardless of the said decedent and other employés using said tracks, ran and managed the said train as aforesaid upon and over said decedent. To this petition a general demurrer was interposed, which was sustained by the common pleas, and judgment rendered for defendant in error. This judgment was affirmed by the circuit court, and the administratrix brings error. Reversed.

A petition in an action to recover against a railroad company for the killing of a station agent, which shows that, with the knowledge and direction of the company, the decedent was loading and unloading cars on a side track next to the main track, which required him to be on...