The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-06-11
Orders Of Train Dispatcher Are
Those Of the Master.
Important Decision of the {. s.
Supreme Court.
RESPONSIBILITY FIXED
Companies Liable Where Dis
patcher's Error Causes Disaster.
Gossip and Matters of Interest
in Railroad Circles.

San Bernardino, Cal, June 11.-0r-
ders issued by a train dispatcher
are orders issued by the master. Thus
holds the supreme court of the United
States in affirming a similar decision of
Judge Wellborn of the United States
district court of appeals for the San
Francisco district. The question had
been raised in the suit brought by En-
gineer. Laurete Holmes against the
Santa Fe Pacific railroad company 20
recover damages for injuries sustained
in the Franconia disaster of November
20, 1901.
Attorney Byron Waters, who acted
as Engineer Holmes counsel in the &C
ton. has lust received word from the
clerk of the United states supreme
court to the effect that the highest
court in the land has handed down its
decision. affirming the lower courts.
This means that the United states SUI
preme court upholds the contenuon OF
Byron Waters and Attorney Wyhe,
who was associated with him in the
case. that when the train dispatcher
issued the fateful orders which sent
two express trains crashing INTO eacn
other he was acting in the position of
the master, and that, therefore, the
master, the railroad company, was la
bic for the damage sustained by the
plaintiff.
The whole case hinged upon whether
the defendants train dispatcher, when
on duty as such. and when having
charge of the movement of engines and
trains was negligent in falling to use
ordinary and reasonable care and pre-
caution to prevent the engines ana
trains colliding; and in failing to use
ordinary care and prudence by not CIV
ing proper orders az to the movement
of one of said engines and trains.
The railroad company defended the
suit on the grounds that any negligence
of the train dispatcher was merely neg
Iigence of a fellow employe. and as
such the employer was relieved from
responsibility so far as another en-
ploye is concerned
The company realized the import
ance of the contention of the attorneys
for Engineer Holmes. and through the
three departments of the United States
court fought the suit with a vigor sell
dom equalled-
Engineer Holmes was in charge Of
the second engine on the eastbound
train In the accident he was terribly
injured. Judge Wellborn of the United
States district court gave him judgment
for $4,000.
The evidence showed that No. 5,
which should have passed Yucca at
4s57. did so at 4.55. and Train Dispatch
er Moore was notified of that fact in
time to have stopped the train at
Franconia and III failing to so act,
was negligent, and caused the wreck
that followed.
The railroad company carried the
case to the United States circuit court
of appeals at San Francisco, which af-
hrmed Judge WeHborn's decision. and
then the case was taken to the United
States supreme court at Washington,
D. G.
This one point as to the dispatcher
acting in the capacity of the master
is now settled. and the action for dam
ages instituted by Engineer Holmes is
ended. Incidentally the result estab-
fishes as the law of the land that the
railroad companies are liable to their
employees where a train dispatcher's err
ror brings about disaster