Ederle v. Vicksburg, S. & P. R.

Citations

• 112 La. 728
• 36 So. 664
• 1904 La. LEXIS 455

Syllabus

<p>MASTER AND SERVANT — PERSONAL INJURIES— EVIDENCE — SUFFICIENCY—CONTRIBUTORY NEGLIGENCE. ,</p> <p>1. The lines of the Vicksburg, Shreveport & Pacific Railroad Company and of the Arkansas Southern Railroad Company cross at right angles at Ruston. The business of the companies at that point not requiring two switching engines and crews, an arrangement was made by which the switching- required for its purposes by the Arkansas Southern was to be done by a switch engine and crew of the other company; the latter receiving pay for the work according to the number of ears switched. A coal car with which the Arkansas had no connection having been placed in its yards by the mistake of the agents of the Vicksburg, Shreveport & Pacific Railroad Company, a switching engine and crew of the latter company was sent to withdraw it, and, in the act of doing so, one of the switching crew was, while the engine was on the tracks of the Arkansas Southern Railroad Company, thrown from the car and killed, as it was alleged, by the reckless operation of the same over a bad track. Held, that the Arkansas Southern Company was not responsible to the employes of the Vicksburg, Shreveport & Pacific Railroad Company for the faulty operation of the switching engine by those in charge of it. The bad condition of the track was not the proximate cause of the accident, and there was no privity between the Arkansas Southern Railroad Company and the employe of the other company.</p> <p>2. The Vicksburg, Shreveport & Pacific Railroad Company is held not responsible for the death of the switchman, it Appearing he was thrown or fell from the car as the direct result of his own recklessness or imprudence.</p> <p>(Syllabus by the Court.)</p>