129 Iowa 162 | Iowa | 1905
The plaintiff, a minor in his eighteenth year, was employed by the defendant as a section or track hand, in which service he had been engaged several months at the time of the injury complained of. Under the direction of his foreman, plaintiff, with three other workmen, boarded a hand ear at one of the stations on defendant’s road ro go to their work at a point some two or three miles distant. A train from the opposite direction, then about due, was late, and did not appear in sight until the party had nearly reached their destination, when its near approach made it necessary to clear the track. The hand car ■was then stopped, and a track jack and other tools which they had been carrying having been thrown off, the four men, acting under the orders of the foreman, lifted, the car and carried it to the side of the track. The road at this point was graded up about two feet, and in carrying the car down the slope one of the men stumbled and fell, or permitted the handle to slip from his hand. The extra weight thus suddenly cast upon the plaintiff had the effect to bring his hand down, catching and crushing or breaking his finger between the handle of the car and the track jack, which was lying on the ground. He also claims to have received at the same time an injury to his right side. The allegation of negligence upon which a recovery is sought is in substance that the foreman and his assistants did not exercise due care in stopping the hand car in time to remove it from the track without danger of injury, and thus, by permitting said car to remain upon the track until a collision was imminent, rendered it necessary to put forth great exertion to avoid such accident. It is also alleged that a convenient and safe place was offered at which the hand car could have been safely removed, but the foreman failed to avail himself of it and continued to propel the car along the track until they were forced to remove it at an unsuitable;
All the other testimony is consistent with these statements. But by what process of reasoning are we to find that the stumbling of Wassendorf or the slipping of the ear handle from his hand is directly or proximately attributable to the failure of the foreman to order a stop a minute sooner, or a few hundred feet further back? True, the injury to plaintiff was one of a series of events attending the movements of the crew under the direction of the foreman. In order of time, it follows the alleged act of negligence, but this in itself is not sufficient. The argument “ post hoc, propter hoc,” is alluring, but illogical.
The relation of effect to an alleged cause must be established by something more substantial than the mere order of occurrence. Nor is it enough to say that, had the car been sooner stopped and removed from the track, it is probable plaintiff would not have been injured. Tt could be said with equal force that, had the crew never left, the
If the negligent act directly and without the intervention of any other .efficient agency produces the result complained of, or if it sets in motion forces, otherwise quiescent, from which one effect naturally and logically produces another, constituting an unbroken connection between the wrongful act and the injury, “ a continuous succession of events so linked together as to make a natural whole,” then, under the rule of the cases, the original act may be called the proximate cause of the harmful result, and the party chargeable therewith be held for damages. In the case before us we are unable to trace this causal connection between the alleged negligence in approaching too closely to the oncoming train and plaintiff’s hurt. True the witnesses show that the crew was required to act promptly and with dispatch to avoid a collision, but none say, directly or indirectly, that this circumstance was the cause of Wassendorf’s failure to hold up his corner of the car with the resultant crushing of appellant’s finger. Nor is anything shown from
Many other exceptions to rulings upon the introduction of testimony and to the instructions given the jury have been argued by the counsel, but we cannot extend this opinion for their consideration in detail. We have examined each in the light of the record presented and the briefs of counsel, and find no error of which appellant can justly complain.
Eor the reasons hereinbefore stated, a new trial must be ordered, and the judgment of the district court must therefore be reversed.