Southern Ry. Co. v. Blevins

Citations

• 130 F. 688
• 66 C.C.A. 40
• 1904 U.S. App. LEXIS 4203

Syllabus

<p>1. Master and Servant — Railroads—Injuries to Servant — Negligence or Foreman.</p> <p>Burns’ Ann. St. Ind. 1901, § 7083, provides that every railroad corporation shall be liable in damages for personal injury suffered by any employé while in its service, the employé being in the exercise of due care and diligence, where the injury resulted from the negligence of any person in the service of such corporation, to whose order or direction the injured employé at the time of the injury was bound to conform and did conform. Held, that where the foreman of an inexperienced trackman, with knowledge that a buckled rail, when released by the removal of the bolts, was liable to spring with great force, directed such trackman to remove the last bolt holding such rail by tapping it with a wrench while standing between the rails of the track, and, on the bolt being driven out, the rail sprung inward, striking the trackman and inflicting serious injuries, the railway company was liable therefor under such section.</p> <p>2. Same — Pleading—Instruction.</p> <p>Where a complaint in an action for injuries to an inexperienced railroad trackman, caused by his being struck by the springing of a buckled rail as he released the bolts binding the same, under the direction of his foreman, alleged that plaintiff was ignorant of the danger, but that the foreman “knew” that the removal of a rail under such circumstances might be attended with such springing of the rail, the complaint should be construed as alleging merely that the foreman should have known of such danger, and not necessarily that he had actual knowledge thereof.</p> <p>3. Appeal — Exceptions—Review.</p> <p>Where the record on appeal fails to show that an exception was reserved to an instruction given, an objection thereto cannot be reviewed.</p>