Texas Ry Co v. Gentry
Citation | 41 L.Ed. 186,163 U.S. 353,16 S.Ct. 1104 |
Decision Date | 18 May 1896 |
Docket Number | No. 258,258 |
Parties | TEXAS & P. RY. CO. v. GENTRY et al |
Court | United States Supreme Court |
John F. Dillon, for plaintiff in error.
R. C. Garland, for defendants in error.
This is an action to recover damages alleged to have been sustained by reason of the negligence of the defendant railway company, the present plaintiff in error, resulting in the death of Louis D. Gentry. It was brought in the circuit court of Dallas county, Tex., and was removed into the circuit court of the United States for the Northern district of Texas on the petition of the defendant, a corporation created under acts of congress.
The deceased left surviving him his mother, the plaintiff Mary A. Gentry, 75 years old, and dependent upon him for support; his wife, the plaintiff May Gentry, 26 years of age; and two children, the plaintiffs Olive Lee Gentry and Thomas M. Gentry, 6 and 2 years of age, respectively.
By the statutes of Texas, in force when the alleged injuries were received, it was provided:
Sayles' Tex. Civ. St.
There was a verdict in favor of the plaintiffs as follows:
'We, the jury, find for the plaintiffs ($10,166.66) ten thousand one hundred and sixty-six dollars and sixty-six cents, apportioned among plaintiffs as follows:
'May Gentry, four thousand one hundred and sixty-six dollars and sixty-six cents.
'Olive Lee Gentry, two thousand five hundred dollars.
'Thos. M. Gentry, two thousand five hundred dollars.
'Mary A. Gentry, one thousand dollars.'
Separate judgments were rendered in favor of each plaintiff for the respective sums awarded by the verdict, and for costs, for which execution was directed to issue.
A motion for a new trial having been made and overruled, the case was taken to the circuit court of appeals, and by that court the judgment of the circuit court was affirmed, with costs to the plaintiffs.
It was alleged in the complaint, and there was evidence tending to show (although this evidence was weakened by that introduced on behalf of the railroad company):
That the deceased was an engineer on the regular passenger train of the defendant running between Big Springs, in Howard county, Tex., and Toyah, in Reeves county, Tex., and was paid for the number of miles actually run by him as such engineer.
That he had brought his train into Big Springs from Toyah about 6 o'clock on the morning of March 13, 1890, and was off duty that day, the schedule time for his going on duty again being 25 minutes past 9 o'clock in the evening of the day, when his train would leave Big Springs for Toyah.
That at 15 minutes after 8 o'clock on that evening the deceased left his residence for the purpose of going to and taking charge of his engine.
That his train was standing at its usual and customary place on a switch on the north side of the defendant's yards at Big Springs, and in order to reach his engine he was compelled to pass over and across several switches and the main track.
That while so passing across and over the defendant's yards, as he and other employes had been in the habit of doing for the previous nine or ten years, along the usual and customary path, and between the hours of 20 minutes after 8 o'clock and 9 o'clock, he was run down and killed by a fiat car, coupled in front of a locomotive used by the defendant for switching purposes, and while moving westward on the main track of defendant's road in said yards.
That the defendant failed to place any headlight, lantern, or lights of any kind, or any other signal of danger, or any person to watch for employees, on said flat car, to give warning of its character, or to sound a whistle, or to ring the bell of the locomotive as it approached the crossing w ere the deceased was struck down.
That the headlight on the locomotive was so arranged that the rays of light from it passed entirely over and beyond the flat car in front of such locomotive.
That the defendant failed to have any lanterns or lights of any kind in or about its yards, or along that crossing.
That the engine used by the company for switching purposes on the occasion referred to was an ordinary heavy road engine with a pilot on in front, and was wholly unsuitable and unfit for such purposes, and that, in order to make it useful, the defendant coupled an ordinary flat car in front of the engine. And——
That the deceased, not knowing of such use of an ordinary road engine, with a flat car coupled in front of it, for switching purposes, and while passing along said usual and customary crossing through the defendant's yards, unable to see the flat car on account of the darkness of the night, and being blinded by the headlight on the engine, and not hearing the whistle or bell of the locomotive, and not knowing anything of the use and danger of the locomotive and flat car as an appliance for switching purposes, was run over by the flat car, and immediately killed.
The action proceeded upon the general ground that the railway company failed in its duty to supply and furnish proper and suitable machinery for switching purposes, so guarded by lights and otherwise as to give warning to its employees, who, in the discharge of their duties, were compelled to cross the tracks of the defendant's yards.
At the close of the evidence the company made six requests for instructions, one of which was that, as the plaintiffs had failed to prove their case, and had shown no right to recover, the jury should find for the defendant. These requests were all denied, and the defendant excepted to the action of the court in respect of each request.
The court then charge the jury as follows:
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