136 Ga. 383 | Ga. | 1911
Lead Opinion
Mrs. Cornelia Crow brought suit against the Southern Railway Company to recover damages because of the death of her minor daughter, alleged to have resulted from exposure to inclement weather while waiting for the clearance of a freight-train which blocked the highway between the daughter’s place of work and her home. On the trial evidence was submitted by the plaintiff and the defendant; at the conclusion of which the court directed a verdict. The exception is to the direction of a verdict. The material part of the evidence submitted by the- plaintiff was as follows: The plaintiff’s daughter, a strong and healthy girl of the age of eighteen, was employed in a factory located in a town of five thousand inhabitants, and earned one dollar per day, most of which she contributed to her mother’s support. The factory employed about two thousand operatives, and suspended work at the usual time (about fifteen minutes past six o’clock) on the evening of November 22, 1-907. It was a cold, -rainy night. When the plaintiff’s daughter came out of the mill “it was raining as hard as it could.” She, with many others of the mill operatives, came through the mill-gate and proceeded along the highway on her way home until she reached the spur-track of the railway company which entered the mill-yard, and which was thirty yards, distant from the mill-gate. The highway was obstructed at this place by a freight-train with thirty cars5
The defendant submitted testimony, that the' plaintiff’s daughter died of tuberculosis; that she lived with her brother and sister-in-law, who died of tuberculosis; that this disease is a germ disease and communicable; that the freight-train had several heavy-laden cars and was switched into the siding to its extreme length, and as the engineer attempted to move the train forward a coupling on the third car from the engine broke; several unsuccessful attempts were made to connect the coupling, and then the car with the broken coupling was cut loose from the others, and signalmen sent out on the main line to flag approaching passenger-trains which were, then due from opposite directions. After arranging for the signals for the passenger strains the car with the broken coupling was drilled out and left on a spur-track, and the engine was brought back and connected with the remaining cars and the crossing was cleared. This work consumed about thirty or forty minutes,, and could not have been accomplished in less time. The conductor testified that
The plaintiff’s case is based upon the propositions that the railway company was negligent in blocking the crossing, and that this negligent-act proximately induced her daughter’s fatal illness. We think both of these propositions were supported by proof sufficient to require the submission of the issues to a jury. It was inferable from the evidence that the crossing was blocked for a much longer time thán would have been necessary had the servants of the railway company been provided with chains to use in substitution of a broken drawhead. The conductor testified that it was his duty to carry chains in anticipation of accidents to car-couplings; and that if the train had been supplied with a chain, the train could have been pulled , off the crossing by its use. It is true that when the train started on its journey it was furnished with one chain, but this had been left on a disabled car, which was sidetracked at the last stopping-place. It was for the jury to say under these circumstances whether the crossing was negligently blocked an unreasonable time.
The other proposition contains two elements: (1) whether it is possible from the evidence to distinguish between the act of the defendant and the deceased as the cause of the injury; and (2) whether the proximate cause of the injury was the decedent’s own negligence in voluntarily standing in the rain, when she could have
Likewise the jury should have been allowed to pass upon the alleged contributory negligence of. the decedent. It is inferable from the evidence that a mill shelter and a hotel were near by and accessible to the decedent; and that she could have repaired to either of these places while awaiting the clearance of the crossing. The evidence also discloses that while the train was blocking the crossing, the agents in charge of it, though seeing that a number of persons were delayed because of an obstructed highway, did not inform the waiting crowd of the cause of the delay, or when the train was likely to move. It did appear that the broken coup
Judgment reversed.
Dissenting Opinion
dissenting. In our opinion the evidence was wholly insufficient to show that the defendant’s negligence was the proximate cause of the death of the plaintiff’s daughter, and therefore the court properly directed a verdict for the defendant.