Kinzel v. Atlanta, K. & N. Ry. Co.

Citations

• 137 F. 489
• 69 L.R.A. 757
• 1905 U.S. App. LEXIS 4568

Syllabus

<p>Master and Servant—Killing oe Bailroad Engineer by Landslide—Assumed Bisk.</p> <p>Plaintiff’s intestate, who was a railroad engineer, was killed by a landslide while on his regular run with his train in the mountains of East Tennessee in the nighttime. It had been raining, several slides had occurred, and a number of trains had been abandoned. At a station a few miles north of the mountains, deceased had asked for permission to lay over, on account of the danger of running at night, and because it was thought impossible to get through; but he was directed to proceed slowly and carefully, looking out for slides, and to take with him certain cars, with an extra track gang, to clear the road. The track was also specially patrolled. A trackman was ahead of the train with a lantern at the time of the accident, and the track was clear, but a slide occurred as the engine passed, carrying it and the track into the river below. Held, that the death was due purely to an accident, for which the company could not be held liable, and which was a risk assumed by deceased.</p> <p>[Ed. Note.—Assumption of risk incident to employment, see note to Chesapeake & O. B. Co. v. Hennessey, 38 C. C. A. 314.]</p>