Sansom v. Southern Ry. Co.

Citations

• 111 F. 887
• 50 C.C.A. 53
• 1901 U.S. App. LEXIS 4443

Syllabus

<p>Carriers—Death of Passenger—Evidence of Negligence.</p> <p>Plaintiff's intestate purchased tickets over defendant’s railroad, and took a train which was advertised as a “solid vestibule train.” Having occasion to obtain a ticket at a station for a member of his party, he requested the conductor to purchase it; but the conductor refused, and advised him that the train made but a short stop, and lie had best go to the front end, which stopped nearest tlie station. On reaching the platform of the front car, which was a day con oil, used for local business, and not vestiimied. a sudden lurch of the train threw him off, and he was killed. The accident occurred in the daytime, and at a place where the country was hilly and there were many curves in the road. Action was brought to recover for his death on the ground of defendant's negligence. Plaintiff introduced expert testimony which tended to show that the lurching of the train might have been caused by a low joint, in the rail or by excessive speed, but there was no proof of either. On the contrary, defendant’s evidence that the track was in good condition and the speed not excessive was uneontradicted. Held, that the placing of a car without vestibules in the train could not be considered negligence, and the fact that it was advertise.fl as a solid vostibuled train was not material, since the action was not grounded on a breach of contract, and the condition of the car was apparent; that there was no-evidence upon which negligence on the part of defendant could be predicated, and a verdict for defendant was properly directed.</p>