Great Northern Ry. Co. v. Hooker

Citations

• 170 F. 154
• 95 C.C.A. 410
• 1909 U.S. App. LEXIS 4680

Syllabus

<p>1. Master and Servant (§ 243*) — Rules—Obedience by Servant.</p> <p>When the duties of a servant in given circumstances are plainly specified in reasonable rules of the master, of which the servant has knowledge, his nonobservanee of them at a time when they are capable of observance is negligence as matter of law.</p> <p>[Ed. Note. — For other cases, see Master and Servant, Cent. Dig. §§ 0S2, 759-775; Dee. Dig. § 243.*]</p> <p>2. Master and Servant (§ 281*) — Rules—Interpretation by Court.</p> <p>When Hie printed rules of tlie master, specifying the duties of a servant in given circumstances, contain no terms which arc not made plain by the rules, their interpretation falls within the general rnle that the interpretation of a written instrument is a question of law for the court, and not a question of fact for the jury.</p> <p>LEd. Note. — For other cases, see Master and Servant, Dec. Dig. § 284.*]</p> <p>3. Railroads (§ 816*) — CrossingsCare Required — Speed — “Under Control.”</p> <p>The rules of a railroad company required an engineer in approaching stations to do so with his train “under control,” and so to proceed until the track was “plainly seen to lie clear,” and then, after providing that engines, freight trains, and work trains might occupy tho main track between the outside switches, at a designated station, declared that the responsibility for a collision within those limits would rest “entirely” with, the approaching train. Hold, that such rules plainly required an engineer in approaching those limits and proceeding therein in the nighttime, to adjust his control over his train to the distance he could see along the trade as he advanced thereon, so that, if the track was already occupied at any point, he could stop ids train and avoid a collision after that point came within the range of ids observation.</p> <p>[Ed. Note. — For other cases, see Railroads, Cent. Dig. §§ 1006-1008; Dec. Dig. § 316.*</p> <p>For other definitions, see Words and Phrases,