65 Iowa 417 | Iowa | 1884
It was proven on the trial that, at the time he
There are two doors at the entrance of the engine-house, which, when being opened, swing outward from the center of the entrance. The parties had difficulty in opening them on the occasion in question, owing to an accumulation of ice on the ground immediately outside of the door; and they took picks and removed a portion of the ice, when they were enabled to open them without accident, and the engine passed in. They then attempted to close the doors. Plaintiff took hold of one door, and closed it without difficulty; but the other parties had difficulty in closing the other, and the other wiper placed a crowbar under it, for the purpose of raising it to enable it to pass over the ice. In doing this he lifted it off the hinges, and it fell upon plaintiff, inflicting the injuries complained of. At the time the door fell upon him, plaintiff was standing on the track leading into the engine-house, it being his duty to remain there and assist in closing the door; and he was not guilty of any negligence which in any manner contributed to the injury. As there was no conflict in the evidence as to the character of the duties which devolved upon plaintiff by virtue of his employment, or as to the circumstances under which the injuries were received, the court
The case has once before been in this court. 61 Iowa, 326. On the former trial the district court instructed the jury that, if plaintiff’s duty was to open and close the doors to the engine-house, and while he was in the performance of that duty he was inj ured by one of the doors falling upon him, and this was occasioned by the negligent act of a co-employe in lifting said door from its hinges, he was entitled to recover. But it was held by this court that this instruction was erroneous, and the judgment was reversed. In addition to the facts established on the first trial, it was proved on the second trial that plaintiff" was required, when opening or closing the doors of the engine-house, to stand on the track leading into the building. Also, that it was his duty to turn the turn-table, and remove the snow from the turn-table and tracks leading into the engine-house. It is now contended by counsel for plaintiff — First, that our holding on the former appeal is not necessarily conclusive of plaintiff’s right to recover on the facts as proved on that trial; or, if this is not so, Second, that the facts proved on the second trial distinguish the case from that made on the former trial, and bring it within the provision of section 1307 of the Code. The instruction given on the former trial held that, if plaintiff was injured while in the performance of his duty of opening or closing the doors, and the injury was caused by the negligence of a co-employe in lifting the door from its hinges, he was entitled to recover. This was held erroneous on the grounds (1) that the particular duty in which he and his co-employe, whose' negligence caused the injury, were engaged at the time of the accident did not pertain to the business of operating the railroad; and (2) neither that particular duty, nor any other which the nature of his employment required him to perform, as shown by the evidence, brought him within the class of employes who are engaged in the business of operating the railroad. The con
We come, then, to the question whether the facts proved on this trial bring the case within the statute, and we think it clear that neither the wiping of the engines, nor the opening and closing of the doors of the engine-house, nor the removing of the snow from the turn-table and tracks, in any proper sense pertain to the operation of the road. The only duty whicli plaintiff was required by his employment to perform, which it can be claimed at all pertains to the operation of the railroad, was that of turning the turn-table. As we understand it, this.table is a circular platform, so constructed and supported that it may be turned upon its center. There is a track leading to it from the main track of the road, and from it other tracks radiate as from a center, leading into the different stalls in the engine-house, and there are rails upon it. When an engine is to be run from the main track into the house, the table is so adjusted as to connect the rails on the table with the track leading from the main track. The engine is then run upon the table, which is then turned until connection is made between the rails on it and one of the tracks leading into the engine-house, when the engine is run into the building; and engines are taken from the engine-house to'the main track in the same manner.
Plaintiff’s duty was to turn the table and make these adjustments at times when engines were being run between
But we think the question is materially affected by an amendment of the statute which has been enacted since that decision. That case was decided under section 7, chapter 169, Acts 1862, which is as follows: “Every railroad company shall be liable for all damages sustained by any person, including employes of the company, in consequence of any neglect of the agents, or by any mismanagement of the engineers or other employes of the corporation, to any person sustaining such damage.” The present statute is section 1307 of the Code, which is as follows: “-Every corporation
To meet the objection that the act of 1862 created a rule of liability which was applicable to railroad companies alone, and did not affect other employes under precisely the same circumstances, and that it was, therefore, class leglislation, and in violation of the state constitution, the court in Deppe's
The district court, therefore, rightly directed the jury to find for defendant.
Aeeirmed.