Union Pacific Railway Co. v. James

Citations

• 163 U.S. 485
• 16 S. Ct. 1109
• 41 L. Ed. 236
• 1896 U.S. LEXIS 2284

Syllabus

<p>The plaintiff, an employé of the railway company, sued to recover for injuries caused to him by the unblocking of a frog, in consequence of which he was thrown down, and an engine passed over him before he could recover himself. There was contradictory testimony as to the condition of the frog before and after the accident. On the trial below the only issue presented was — the condition of the frog at the time of the accident: but the court in substance instructed the jury that if the company had once properly blocked the frog it incurred no liability to its employés by reason of the subsequent displacement of the blocking, unless such displacement was made with its knowledge or had continued for such length of time as to impute notice to it. The same point having been taken in this court, Held,</p> <p>(1) That there being a conflict of testimony as to the condition of the frog, that question of fact was properly submitted to the jury;</p> <p>(2) That while the position of law taken by the company in this court cannot be disputed, it was not taken or considered on the trial, and is not open for consideration here;</p> <p>(3) That although the case is not entirely clear, this court is not prepared to hold, on the record, that there was such error as would justify it in disturbing the judgment.</p>