Chicago Great Western Ry. Co. v. Egan

Citations

• 159 F. 40
• 86 C.C.A. 230
• 1908 U.S. App. LEXIS 4031

Syllabus

<p>1. Master and Servant — Injury to Servant — Negligence—Contributory Negligence — Sufficient Evidence fob Jury.</p> <p>Three freight cars had been placed by an engineer on a passing track opposite a platform at a station to be partially unloaded there. There was a public road crossing east of them, and east of this crossing was the forward part of the train which consisted of about 20 freight cars. The engineer was upon the ground by the side of his engine which stood upon the main track near the three cars. The conductor there told the engineer to go up when he got ready, and couple up and back down. The engineer testified that after he climbed into his cab the conductor said to him, “John, I will make the coupling at the crossing when you get ready to back up.” A workman who stood by testified that the conductor said to the engineer at that time, “Look out for us, we may not be done working in the car,” and there was no other testimony to this saying. The hind brakeman was then in the car unloading it. The conductor went to work in one of the three cars to aid the hind brakeman to unload them. The engineer took his engine to the east end of the passing track, coupled it up to the forward end of the train, and without farther signal backed it into the three cars, threw the conductor out of one of them by the impact, and he was killed by the fall. The engineer could not see the three cars or the rear of his train after he 'coupled his engine to it, and he testified that he did not know that the conductor was in one of the cars, and that he relied on the conductor’s statement that he would make the coupling. •</p> <p>Held, there was substantial evidence of the negligence of the engineer, the evidence that the conductor was guilty of contributory negligence was not clear, and these issues were rightly submitted to the jury.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 34, Master and Servant, §§ 1034, 1051-1067, 1089-1132.]</p> <p>2. Negligence — True