Jenkins v. Atlantic Coast Line R.

Citations

• 179 F. 535
• 1910 U.S. App. LEXIS 5422

Syllabus

<p>1. Carriers (§ 306*) — Injuries to Passengers — Companies Liable — Contracts — “Privity. ’ ’</p> <p>Where C., owning a roadbed, leased rolling stock from the A. Co., at a specified mileage rental, the C. Company having control of the trains, operators, etc., while on its tracks and being primarily and solely responsible for the damages to property or injuries to passengers arising from any accidents to the trains while on its line, there was a privity between the two companies in so far as they were liable to a passenger for injuries ; the term “privity” being used to denote mutual or successive relationship to the same right of property, or those so connected with the parties in estate as to be identified with them in interest, and consequently affected by them (citing 6 Words and Phrases, pp. 5606-5611).</p> <p>[Bd. Note. — For other cases, see Carriers, Cent. Dig. §§ 1249-1251; Dee. Dig. § 306 ;* Railroads, Cent. Dig. §§ 812, 841.]</p> <p>2. Action (§ 53*) — Causes of Action — Splitting.</p> <p>Where a passenger was injured by the carrier’s neglect of duty to carry her safely, there was but one cause of action, which she could not split.</p> <p>[Ed. Note. — For other cases, see Action, Cent. Dig. §§ 549-623; Dec. Dig. § 53.*]</p> <p>3. Jukgment (§ 828*) — Res Adjudicata — Parties—Privity.</p> <p>The C. Railroad Company operated equipment belonging to the A. Company, for which a mileage rental was paid, the C. Company having complete control of the operation of trains over its tracks and as between It and the A. Company, liable for injuries to persons and property resulting therefrom.- Held that, where a passenger injured on such track brought suit in a state court against the C. Company, in which judgment was rendered in its favor, such judgment was res judicata against the passenger’s right to sue the A. Company in a federal court for injuries arising out of the same accident.</p> <p>[Ed. Note. — For other cases, see. Judgment, Cent. Dig. §§ 1504-1509; Dec. D