The times. [volume] (Richmond, Va.) 1890-1903, 1900-11-09
AN IMPORTANT CASE
1t Bears Upon Employers Liability to
EmpIoye,
OPINION BY JUICE PURNEtL'
alan Pe,formin. patty for Fello"
Emp owe on Norfolk and Western
Road Killed While Coupling
Cars, and UGited States
Court Says Hls Estate
Cannot Eecovcr.

Court Says HIS Estate
Caurot Recover.
The United States Circuit Court Of APP
peals yesterday rendered decision that
is If great interest TO the people Of Nir-
rinis, inasmuci1 as several Legislatures
have attempted to pass q bill defining the
liability OF employer to enlploye
The case was'that OF ". H. Hodges and
L. B. McKeohan, administrators Of Samuel
L. LusE VS.. the Receivers Of the Norfolk
and Western Railway Company.
Judge PurnelI wrote the opinion OF the
court. Lusl was killed on tho Norfolk
and Western Road, on March Both, lS'to,
1t was Claimed that fl. violated the rules
of the company and performed the work
Of another employe.
Judge Purnell said.
NEGLIGENCE CHARGED.
-Four charges of negligence ara made.
as follows: In providing car with ali
impaired rotten and defective dead wood
or bumper, in falling to provide sufficient
cars: in that the end sills OF the cay 10
which said bumpers had been attached
were old, rotten, split and otherwise de-
fective by reason whereof the bumpers
and hand-holds which had b2en thsreto
attached had fallen off and become 50
loose as to be unfit for the purposes for
which they were made: and III that the
dead blocks or bumpers on said cars were
so inappropriatsly placed as they would
not meet and strike each other in such
a way as TO prevent the cars from going
together.
After all the testimony had been heard.
upon motion of defsndant's counsel, the
trial judge held plaintiff was not entitled
to recover. and instructed the jury to
find for defendant. Plaintiff excepted TO
the ruling of. the court. a verdict was
returned in accordance with the instruc-
tion Of the court and judgment rendered
thereon.
TRIAL BY JURY.
Further on Judge Purncl says:
"a clear statement OF facts by both par
ties assists the court i'll arriving al fair
summary When all agree on a fact ii
may be taken as settled, and those dis
ruted may be more satisfactorily deter
mined. This is Of greater Importance to
parties and counsel who. IN a case like
the one at bar, seek review o. the tes-
timony and a new trial because of a de-
cision of the trial judge that 4 proper
case has not 6een made TO entIt e the ptail-
tiff to A. verdict. Appellate courts Will not
look into vo!llm.nous records and sift
from the chaft OF testimony the kernels
Of evidence TO find possible theories upon
wh:ctl a jury might have returned a YER
dict. There is a constant effort in actions
for damages. especially against corpora
tiorS. TO have questions of law, science
and art; questions which it requires years
of training and experience to properly
solve, submitted to jUries, many members
OF which have not chad the opportunity TO
even consider. When against railroads.
questions OF civil and mechanical ens--
ueering, tests of machinery. effect OF
steam and complicated appliances Of which
many jurors called into the jury box.
probably for the first time, in many cases
from q rural district. where the hum of
machinery md the music of the looms are
never heard, are as uniformed as was
the old lady who. upon hearing the
pumping OF the air brake for the first
time, in the goodness of her heart, imag-
med and remarked that the poor engine
WIS so tired
QUESTIONS OF FACT.
Trial by the jury of questions of fact
is the best method that has been con
cciNGCl OI SusSeSltti, IL - l!it iti dl!i
BOAST OF our system Of Jurisprudence. But
the questions submitted TO a jury should
De questions OF fact such as the jury can
understand
The courts are constantly drawing the
distinction and lny.ng down the rule OF
demarkation. If every question raised Is
to DC submitted to the jury, as frequently
contended and occasionally decided, the
trial judge becomes Ct useless appendase
and the idea OF selecting these officers
from Il profession learnad In law, exper-
fenced in solving controversies, who have
devoted the best years OF their life 10
study and controlling their natura! pas
sions and prejud-ces while serving the In
tsrests OF others. loses Its force and effect
A layIlan could serve a we'll The trial
judges constitute the conservative eie-
;nent in the system, in whom the people
the source of ali power, have ana must
have confidence. Vested with great pow
ers. appeals and reviews by higher courts
are checks ana safeguards against error
mistake and. what Is very rare, an abuse
CT authority.
AS TO NEGLIGENCE.
In conclusion Judge Purnell said:
..Of what then. did the negligence al
legged, OF which there was sufficient evi-
dance, consist, 70 entitle the plaintiff to q
verdict The inspections were amply pro-
vided for, ard there is no evidence Of q
failure TO make such Inspections. or that
they were SO nesligE Eutly made a 5 to maxi