121 Minn. 473 | Minn. | 1913
Defendant operates an iron mine. In connection therewith it ■engages in certain railroad operations. In particular it maintains •and operates, in an open pit known as the Walker pit, a main track .and a number of side tracks and switches radiating therefrom, and •operates upon them all of the rolling stock incident to the conduct ■of an open pit mine. These tracks and switches are shifted as the work progresses. On May 10, 1911, plaintiff was in defendant’s •employ. He was engaged with a crew of men putting in a switch to connect a side track with a main line track running into this pit. While so engaged he received an injury to his hand, and brings this •action for damages. Plaintiff had a verdict. Defendant moved for judgment or for a new trial. Both motions were denied. Defendant appeals.
“Every company owning or operating, as a common carrier or otherwise, a railroad, shall be liable for all damages sustained within this state by any agent or servant thereof, without contributory negligence on his part, by reason of the negligence of any other servant thereof.” E. L. 1905, § 2042.
It has been the uniform decision of this court that this act applies only to employees who are exposed to the peculiar hazards incident to the operation of railroads and whose injuries are the-result of such hazards. Lavallee v. St. Paul, M. & M. Ry. Co. 40 Minn. 249, 41 N. W. 974; Johnson v. St. Paul & D. R. Co. 43 Minn. 222, 45 N. W. 156, 8 L.R.A. 419. It is held that the work of constructing and repairing switches and tracks does not ordinarily involve such peculiar hazards. A rule has, however, grown up,, known as the “rule of haste,” under which it is held that, if the-employee is engaged in altering or repairing a track upon which, trains are operated, or are to be operated, and by reason thereof the work has to be done with great and unusual haste, and such haste is an essential element in causing the accident, it can be fairly said that the employment involves an element of hazard peculiar to the-railroad business, and the statute applies.
This rule was first laid down in this state in Blomquist v. Great Northern Ry. Co. 65 Minn. 69, 67 N. W. 804. It has since been followed in numerous cases. Tay v. Willmar & S. F. Ry. Co. 100 Minn. 131, 110 N. W. 433; Janssen v. Great Northern Ry. Co. 109 Minn. 285, 123 N. W. 664; Pylaczinski v. Great Northern Ry. Co. 120 Minn. 74, 139 N. W. 147.
It is held in some of the later cases that though the necessity
Plaintiff claims that this case is within this rule; that there was necessity for great and unusual haste because of railroad operations; .and also that orders to that effect were given. He testified that •there were trains passing over the main track into which this switch was being built. He also testified that the foreman “told us to finish the switch so the trains can go by;” that he said, “work fast, losing too much time, train switch;” “said train stop, lose ¡time;” “work very fast, train too much losing time, getting switch.” All this testimony is contradicted by several witnesses. We think it clear from all the evidence that there had been no train on that day over this portion of this main track, except that an engine and flat car operated by this crew went to a point outside the pit and ^brought a load of ties. It is not so clear that plaintiff’s testimony in this particular was wilfully false since there were frequent trains coming into the pit over this main track and then passing over •other side tracks.
The court submitted to the jury a special question, “Did the foreman * * * order the plaintiff to work fast on the day of the alleged accident and injury prior to the said accident and injury to plaintiff?” The jury answered this question “Yes,” thereby accepting plaintiff’s evidence on this point as true. After a careful •consideration of the whole record, we hold that this finding is sustained by the evidence. It appears beyond contradiction that this •crew of men had for some time been working on tracks in this open pit, some days putting in switches, some days laying new main tracks; that there were numerous tracks running into and about this pit, and that the tracks were always being changed from one place to another to keep pace with the progress of the work; that the track gang followed the steam shovels and laid tracks as needed for their progress; that this switch and side track were being made for the purpose of putting in a steam shovel to work there; that no time was lost at this sort of work; that conditions in the pit in the move
Order affirmed.