Southern Ry. Co. v. Sutton

Citations

• 179 F. 471
• 103 C.C.A. 51
• 1910 U.S. App. LEXIS 4665

Syllabus

<p>1. Railroads (§ 401*) — Injuries to Persons on or Near Tracks — Tennessee Statute — Persons “Beyond Striking Distance.”</p> <p>Shauuou’s Code Teuu. §§ 1574-1576, relatiug to railroads, provides for the keeping of a lookout ou all locomotives, and that when any “obstruction appears upon the road the alarm whistle shall be sounded, the brakes put down and every possible means employed to stop the train and prevent an accident,” and, as construed by the Supreme Court of the state, imposes an absolute liability on the railroad company in case of failure to comply with its requirements whether or not the damage or injury results from such failure and without regard to the question of contributory uegligence, which can he considered only as affecting the amount of damages recoverable. Also, as construed by such court, the statute applies in every case where a person appears upon the track, or so near thereto as to be within “striking distance” of the train. Plaintiff was walking on or beside the track of defendant’s road, when a train approached from behind, and he was struck and injured by some part of the side of the engine. Those on the engine testified that they saw plaintiff on the track and sounded the whistle and applied the brakes, but that plaintiff then stepped off the track to one side, and the speed of the train was resumed. Held, that an instruction, having reference to such testimony, was correct which charged the jury that plaintiff did not pass “beyond striking distance,” so as to absolve defendant from the duty oí stopping the train, so long as he was still so close to the track that, having due regard for the instinct of self-preservation and the involuntary movements of the body, there was still a reasonable probability or likelihood that he might fall or be thrown against the side of the engine ok train as it passed him.</p> <p>[Ed. Note. — For other eases, see Railroads, Dec. Dig. § 401.*]</p> <p>2. Statutes (§ 241*) — Rules op Construction — Penal