The interior journal. [volume] (Stanford, Ky.) 1872-1881, 1873-06-27
IssPORTANT DECISION.
Liability OF n..Iress ceesy.sIes 2.
fssiss e. sr. 20 Aas;sls'

Liability OF n.,iress cesp.nies fss
Gssseas, Geas tas's,si sss s,esiiseasS 20 ~ Asssss' Asas''
Lou, Gin. and Lex, r. r. Co.
oaveny admir- ''P Pleas. o"
PRYOR, JUDGE.
This was a suit for damages against
appellant for the gross and willfui negli
gencc Of is servants, whereby CaveBs,
an engineer and employe, lost his lie,
and a verdict aud judgement in favor Of
his administrator were rendered for eight
thousanddOllars. The accident occurred
onappellant's road, two and half miles
East Of Lagrange, at uight, and was
caused by an extra train, on which Cav.
ems was engineer, running into the rear
Of the regular freight train which was
about four hour behind time, and was
then unable 70 a=e-sd e Sr-de a he
place of accident. II had left Lexing-
ton at 7:i5 A. ~, It's regular time, but
soon fell far behind, and reached Emf
nence at 5;36 p, NJ, instead of 1:45 p.
NJ. according 70 the timetable. The ex-
ira or "wild" train, running by no time
table, but required not to interfere with
the time Of the regular t-ains, under the
control ef Conductor Andonon. was or
dered by dispatch to him, from the
train dispatcher, 10 "follow flag No, ~
trom Midway % Lagrange; make as fast
time as Is safe (; look out for Dudson at
work under a flag between Frankfort
and Bagdad." Anderson obcyod this or
der, following the evening passenger
train from Lexington with aag No.
~ placed ON il as notice that an extra
train would follow it. Though there
were telegraph stations at Frankfort,
Bagdad and EmiRece, and the train dis
pltcher had been notified Of the delay of
the freight train. Anderson was not no.
titled Of this fact, and when near La
grange, without warning, ran into the
freight train, causing he death Of Cav
ems, the engineer. II also appears that
Armstrong, the conductor Of the freight
train, failed to discharge bis duty in CIV
ing the proper signals by placing torpe-
does On the track and red lights on his
train. His engine too, was defective.
and had been 50 for long time, aud had
capacity for pulling but twenty-five cars,
when it was endeavoring TO pull thirty
heavily laden.
1t was the duty OF the train dispatcher
to have notified Anderson of the delay
Armstrong; train. It was certainly in
cumbent on him, whcnconizent of facts,
TO warn conductors Of danger Of colli-
sions with other trains. or when by the
exercise of the slightest care or caution,
he ought to know that such danger ex-
lists.
The evidence shows that the death Of
Cavcns was caused by the reckless and
willful negligence of the agents of the
campany and those in its employ.
Ii is insisted that as the employees in
this case were in the discharge Of a COM
mon service, and occupying a like posi-
sition by each by which each was ena-
bled to exercise the same rights and pow
ers, as between each other they were not
the agents of the company, and there
fore it is not liable for injuries to the one
resulting. Hi4 ,
The above extract from a long opin-
ion is all VIC have room for, and we close
the same with the following, as contain
ing in substance, the ruling of the Ap-
pellate court in the caseE lEDl 1
Appellee's intestate undertook to
serve the company on the train of An
derson, or to act as engineer upon such
trains us might be required by the COM
pany; he was placed where he had no
power to control, advise with, or resist
the acts of Armstrong, and was unable
to know what order had been given the
latter as 70 the movements Of his train,
or in the skill and prudence with which
these orders were obeyed He had no
voice in his eInployment or the right TO
determine his skin aud Judgment in its
exercise. II is not more reasonable to
make the company whose duty it is to
employ careful and skilled agents for the
conduct of its business, and where il
alone controls such agents, liable for this
neglect Of duty, than to adjudge tina; a
mere subordinate who has no means Of
knowing the qualification Of the agent
for such position or voice in his selec-
tion as such, and without the means or
power to resist or control his action, is
without remedy, except as aglinst tho |
party cohnnitting the negligent act.
III Casens had been in the sahe train |
with Armstrong, and in a condition by |
reason Of his equality with him as an
employe, to watch over and provide |
against his negligence. tho roassns then
for refusing to make the company liable |
would apply The cause is affirmed.
Az Ohio naDaK states that some of the !