213 Mass. 473 | Mass. | 1913
When the train on which the plaintiff’s intestate was the rear end brakeman or flagman stopped at the South Boston station, it was five or six minutes late. Another train was due to leave the Boston station four minutes after the intestate’s train, coming upon the same track. Under the defendant’s rules which were in evidence, applicable to this state of facts, it became the duty of the intestate, as soon as his train had stopped, to go back at once with fuses and torpedoes as danger signals, and take measures to stop the following train in season to avoid a collision.' There is evidence that he did nothing of the kind, and there is no affirmative evidence that he did anything in compliance with these rules. He had been furnished with a book of rules and time tables, and there is no ground for a contention that he was not acquainted with them. Foley v. Boston & Northern Street Railway, 198 Mass. 532. The rules were established by the défendant in the discharge of the high degree of duty which it owed to its'passengers; and their strict observance by its servants is often essential to the safety of travellers. A failure on the part of such servants to observe the requirements of these rules may not only cause the railroad company great pecuniary loss, but may cause one of those serious accidents which, with the loss of life and grievous bodily injury that they involve, rightly have been made the subject of severe condemnation. Such an unjustifiable violation of proper rules, either causing or contributing to cause death or bodily injury, is, as between the company and its delinquent servants, negligence on the part of the latter. Wescott v. New York & New England Railroad, 153 Mass. 460. Jones v. New York, New Haven, & Hartford Railroad, 184 Mass. 89. Foley v. Boston & Northern Street Railway, 198 Mass. 532.
We find in this cáse no justification or excuse for the intestate’s failure to observe the rules. Whatever might have been said as to the previous stops of his train, and whether or not the state of affairs at those times might have raised a question as to his duty
It is manifest that the intestate’s failure of duty contributed to the happening of tMs accident. The engineer of the following train doubtless should have been warned by the block signal which he passed; but the intestate should have seen to it that besides that signal the engineer should have also the warnings which it was the intestate’s duty to give. As in Wescott v. New York & New England Railroad, 153 Mass. 460, this accident apparently was due to the effect of the negligence of another servant of the railroad company cooperating with that of the intestate; but no more than in the Wescott case does that fact exonerate the intestate. The engineer of the following train disregarded one signal which he ought to have observed and obeyed. The safety of the passengers on both trains required the intestate to comply with established rules by giving to that engineer another and a more emphatic warmng. He cannot be heard to say that his failure to give that warning did not contribute to cause the collision.
Some rulings on evidence were excepted to, but we do not deem
The verdict for the defendant was rightly ordered, and under the terms of the report judgment must be entered thereon.
So ordered.
A witness called by the plaintiff.