114 Tenn. 671 | Tenn. | 1905
delivered tlie opinion of the Court.
A boy thirteen years of age, while riding on one of the passenger trains of the plaintiff in error on tlie afternoon of the 24th of December, 1903, while en route from Huron, a small station on the line of the railway, to Lexington, in this State, was shot. He was wounded by a pistol fired by a party whose name was unknown, and this suit was brought to recover damages for the injury thus received, upon the theory that tlie conditions existing upon that train, which either were known or should have been known to those in charge, were such as to have caused them reasonably to anticipate this result, and, failing to exercise proper diligence, the plaintiff in error was liable. There was a verdict and judgment in favor of the plaintiff, and the case has been brought into
The record shows that at Jackson, Tennessee, the -train in question was boarded by a number of persons then under the influence of strong drink. These parties carried upon the cars bottles of liquor, from which they freely drank as the train proceeded. They were boisterous in manner and speech, and by their conduct attracted the attention and gave considerable alarm to other passengers. They had possession of dynamite sticks, on which they placed caps. These, on being struck upon the floor, exploded. These explosions were as loud as pistol shots. While one or more of these explosions took place in the coach in which the defendant in error was riding, the others were produced upon the platform •outside. Young Flake entered the coach, in which he was sitting at the time he received his wound, at Hurón. ■He took his seat just back of the water cooler; with his •face fronting in the direction the train was moving. This coach was immediately in the rear of the smoking •car. In it were crowded many passengers, filling all the seats and occupying the aisle. The parties who have •been referred to as boisterous, or at least some of them, -came occasionally into this coach, elbowing their way
The employees in charge of the train testify that they saw no one with pistols, and heard no firing. They say that there were crowds collected at the stations along the railroad, consisting of whites and negroes, engaged in shooting firecrackers and otherwise making a noise
We think there is abundant evidence to support the verdict of the jury, and to indicate that they were inexcusably negligent in preserving order. The principle of law controlling in the case is that “wherever a carrier,,, through its agents or servants, knows, or has opportunity to know, of threatened injury, or might have reasonably anticipated the happening of an injury, and fails
This rule was applied in Ferry Cos. v. White, 99 Tenn., 256, 41 S. W., 583. In that case the court quoted and approved a clause from the charge of Shipman, J., given to the jury in a suit involving the liability of a steamer and its owners for an injury sustained by one passenger from the violence of a fellow passenger. This clause was as follows: “The defendants were bound to exercise the utmost vigilance and care in maintaining order and guarding the passengers against violence, from whatever source arising, which might be reasonably anticipated, or naturally he expected to occur, in view of all the circumstances, and of the number and character of persons on hoard.”
Public policy requires the strict enforcement of this rule. No relaxation of it should he indulged by the courts. The comfort and safety of passengers who commit themselves to a carrier depend upon it. The facts .of the present case eminently call for its application. -
We are satisfied no error was committed by the trial judge in his charge, embodying as it did this rule of liability, and his judgment is therefore affirmed with costs.