Texas & P. Ry. Co. v. Sprole, (No. 1878.)

CourtCourt of Appeals of Texas
Writing for the CourtWillson
Citation202 S.W. 985
Decision Date26 February 1918
Docket Number(No. 1878.)
PartiesTEXAS & P. RY. CO. v. SPROLE.
202 S.W. 985
TEXAS & P. RY. CO.
v.
SPROLE.
(No. 1878.)
Court of Civil Appeals of Texas. Texarkana.
February 26, 1918.
Rehearing Denied February 28, 1918.

Appeal from District Court, Harrison County; P. O. Beard, Judge.

Action by O. J. Sprole against the Texas & Pacific Railway Company. Judgment for plaintiff, and defendant appeals. Affirmed.

Appellant, as a common carrier engaged in interstate commerce, operated a line of railway from New Orleans, in Louisiana, to El Paso, in Texas. Appellee was a brakeman on one of appellant's freight trains. While attempting to open the knuckle of a coupler on a car forming a part of said train, as a result of a collision between that car and another one in the train, appellee's hand was so crushed and injured as to necessitate the amputation thereof above the wrist. Charging that the injury he suffered was due to a violation by appellant of the federal Safety Appliance Act (U. S. Comp. Stat. § 8605 et seq.), in that the coupler he was endeavoring to adjust was not in accordance with its requirement, appellee sued appellant for damages, and recovered the judgment of $12,500, from which the appeal is prosecuted.

The circumstances of the accident, briefly stating them, were as follows: December 15, 1915, appellant hauled a train, consisting of 40 cars loaded with sugar cane, from Addis, in Louisiana, to a sugar refinery near Plaquemine, in the same state. The train was carried over appellant's main line track from Addis to Plaquemine, and over a spur track from Plaquemine to the refinery. The cars forming the train were weighed on scales near the refinery. In weighing them the cars were pushed one by one, beginning with the one farthest from the engine, onto the scales and there stopped. It was the

Page 986

duty of a brakeman named Meyers to uncouple the car when it stopped from the one next to it toward the engine, and after doing so to close the knuckle of the coupler, so the car would not couple to the one pushed against it, to move it off the scales when weighed. It was appellee's duty, when a car, having been weighed, was pushed off the scales, as it moved away from same, to open the knuckle closed by Meyers, by means of a lever provided for the purpose, so that the car would couple to the one next weighed and pushed against it. After five or six of the cars had been weighed and pushed off the scales, and on down the track, the car in question was weighed and pushed off the scales. As it passed down the track appellee attempted to open the knuckle, but could not. He called, he said, to the conductor, who was 75 to 100 feet away, directing the weighing of the cars, and told him he could not get the knuckle to open. Another car was then on the scales, and the conductor replied, "Go ahead; we will get it after a while." After four or five more of the cars had been weighed appellee called to the conductor and asked him to hold the cars yet to be weighed until he could go to the one with the defective coupler and see what he could do with the knuckle...

To continue reading

Request your trial
9 practice notes
  • Kimberling v. Wabash Ry. Co., No. 32531.
    • United States
    • United States State Supreme Court of Missouri
    • 30 Julio 1935
    ...310; Holtz v. Railroad Co., 176 Minn. 575, 224 N.W. 241; Burho v. Railroad Co., 121 Minn. 326, 141 N.W. 300; Texas & P. Ry. Co. v. Sprole, 202 S.W. 985. (c) The inference, from the failure of the coupler to operate, that the coupler was defective, is the only inference that can legally be d......
  • St. Louis Southwestern Ry. Co. v. Pyron, (No. 3118.)<SMALL><SUP>*</SUP></SMALL>
    • United States
    • Court of Appeals of Texas
    • 26 Noviembre 1925
    ...the accident Rucker failed in repeated attempts he made to open it by means of the lever. In T. & P. Ry. Co. v. Sprole (Tex. Civ. App.) 202 S. W. 985, this court held, on the authority of cited cases, construing the statute decided by the United States Supreme Court, that testimony that Spr......
  • Kansas City, M. & O. Ry. Co. v. Wood, (No. 6727.)
    • United States
    • Court of Appeals of Texas
    • 9 Abril 1924
    ...cars will not couple without the necessity of an employé going between the cars to align them. T. & P. Ry. Co. v. Sprole (Tex. Civ. App.) 202 S. W. 985; Ry. Co. v. Powell (Tex. Civ. App.) 252 S. W. 269; Ry. Co. v. Wagner, 241 U. S. 476, 36 Sup. Ct. 626, 60 L. Ed. 1110. Nor is it sufficient ......
  • St. Louis Southwestern Ry. Co. v. Bounds, (No. 3148.)<SMALL><SUP>*</SUP></SMALL>
    • United States
    • Court of Appeals of Texas
    • 11 Marzo 1926
    ...252 S. W. 268; Payne v. Baker (Tex. Com. App.) 258 S. W. 466; Id. (Tex. Civ. App.) 242 S. W. 343; Railway Co. v. Sprole (Tex. Civ. App.) 202 S. W. 985. This present appeal is not entirely unsupported by other evidence, besides a single failure to couple, showing an infraction of the There w......
  • Request a trial to view additional results
9 cases
  • Kimberling v. Wabash Ry. Co., No. 32531.
    • United States
    • United States State Supreme Court of Missouri
    • 30 Julio 1935
    ...310; Holtz v. Railroad Co., 176 Minn. 575, 224 N.W. 241; Burho v. Railroad Co., 121 Minn. 326, 141 N.W. 300; Texas & P. Ry. Co. v. Sprole, 202 S.W. 985. (c) The inference, from the failure of the coupler to operate, that the coupler was defective, is the only inference that can legally be d......
  • St. Louis Southwestern Ry. Co. v. Pyron, (No. 3118.)<SMALL><SUP>*</SUP></SMALL>
    • United States
    • Court of Appeals of Texas
    • 26 Noviembre 1925
    ...the accident Rucker failed in repeated attempts he made to open it by means of the lever. In T. & P. Ry. Co. v. Sprole (Tex. Civ. App.) 202 S. W. 985, this court held, on the authority of cited cases, construing the statute decided by the United States Supreme Court, that testimony that Spr......
  • Kansas City, M. & O. Ry. Co. v. Wood, (No. 6727.)
    • United States
    • Court of Appeals of Texas
    • 9 Abril 1924
    ...cars will not couple without the necessity of an employé going between the cars to align them. T. & P. Ry. Co. v. Sprole (Tex. Civ. App.) 202 S. W. 985; Ry. Co. v. Powell (Tex. Civ. App.) 252 S. W. 269; Ry. Co. v. Wagner, 241 U. S. 476, 36 Sup. Ct. 626, 60 L. Ed. 1110. Nor is it sufficient ......
  • St. Louis Southwestern Ry. Co. v. Bounds, (No. 3148.)<SMALL><SUP>*</SUP></SMALL>
    • United States
    • Court of Appeals of Texas
    • 11 Marzo 1926
    ...252 S. W. 268; Payne v. Baker (Tex. Com. App.) 258 S. W. 466; Id. (Tex. Civ. App.) 242 S. W. 343; Railway Co. v. Sprole (Tex. Civ. App.) 202 S. W. 985. This present appeal is not entirely unsupported by other evidence, besides a single failure to couple, showing an infraction of the There w......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT