66 Ga. 170 | Ga. | 1880
James S. Freeman sued the Central Railroad and Banking Company for damages, caused by the crushing of his hand between the cars of the defendant, while engaged as an employé, in attempting to couple cars on the road ■of defendant.
When the plaintiff below had closed his testimony, defendant and counsel moved a non-suit, which was overruled by the court. Testimony was then offered by the defendant, and on argument had and charge by the court, the jury found a verdict for plaintiff, whereupon defendant excepted, and assigns as a ground of error, that the court below erred in not sustaining his motion for a non-suit, when plaintiff below closed his testimony. And this is the sole question for review.
It appears from the evidence of plaintiff, that he was a train-hand on defendant’s road, on a freight train; that a part of his duty was to couple and uncouple cars. “When the train arrived at Gordon, it attached five cars loaded with railroad iron — had already six box-cars, when the cars of iron were added — arrived at No. 11, where another coupling and uncoupling was made. Five of the cars were loaded with iron, and some of the iron -bars projected over the end of the upper car next to where I had to couple it. Think we had to couple on another box car at No. n, but knew I had to make coupling On these cars. I was in the middle way of the cars. I was coupling the open car with the railroad iron to a box car —open cars were coming back already — any one could have coupled it who could couple at all at the speed they were coming if it had not been for the railroad iron. The end of the two bars projected over the end of the car and as they came back I placed myself so as to avoid them striking me. Had my hand on the coupling, but one of the bars struck me on the back of my shoulder while I was trying to couple, and while trying to avoid the bar I
The foregoing is a summary of the testimony given by plaintiff immediately connected with the infliction of the damage for which the suit was brought — in addition to other testimony by him to the extent of the' injury, his sufferings, disability to labor, length of time and amount of .his wages, etc., etc.
Under this evidence defendant below moved a non-suit of plaintiff’s action,' and the court’s refusal so to do is the ground of error assigned.
The rule of liability of railroad companies, to its employes, is so clearly stated in the Code (§3036), and has been so repeatedly ruled upon by this court that it leaves no room for doubt as to what the law is. The difficulty -ever is, whether under the facts as proven, the law of liability is applicable.
The first inquiry is, was the injured employe, at the
The evidence was clear that the plaintiff was injured, and injured by the defendant’s cars. The extent of the injury, the value of his services, loss of time, and partial disability to labor, by reason of the injury, were also
Let the judgment be affirmed.