179 F. 289 | 2d Cir. | 1910
The plaintiff was in the employ of the defendant as “hostler” at East Hartford, Conn. After an engine had come in from a run it was his duty to see that it was supplied with water, coal and sand and placed in a stall at the roundhouse until needed for the next run. The roundhouse was of the usual construction, built in a semicircle around a circular turntable, which, after the engine was placed upon it, was turned until the track on the turntable
At the close of the testimony the defendant moved the court to dismiss the complaint and direct a verdict for the defendant on the following grounds: First, that no negligence had been proven against the defendant in the construction and maintenance of the roundhouse; second, that if the proximate cause :of the accident was' the action of Moriarity, it was the act of a fellow. servant, for which the defendant is not responsible; third,'that the plaintiff had full knowledge of the situation on the night of the accident and assumed the risk of the alleged defects in construction. This motion was denied, and the defendant excepted.
It -is clear that the accident- was caused, primarily, by Moriarity, who was a fellow servant, in giving the “dead” engine upon which the,plaintiff was stationed too vigorous a “kick” when it was helpless úpótj'-tlíe' turntable. Whether the plaintiff’s, action contributed to the accident it is unnecessary to decide. In order to sustain the verdict it must appear -that the defendant was guilty of' fault. If not guilty of fault, there can be no yerdict against it. The only negligence alleged is in the construction of the’ roundhouse in question, which is said to be faulty for the reason'that there was not a wider space between the en
These, cases rest upon the proposition that if it can be foreseen by the exercise of ordinary prudence that an employé may be injured by the machinery furnished for his use, it is the duty of the employer to minimize the danger as far as possible.
In the case at bar, under ordinary circumstances, the “hostler” is required to remain at his post on the engine until it is finally placed in the stall in the roundhouse. Ordinarily the engines are operated by their own steam and are stopped by their own brakes. Here the concurrence of the absence of steam and of insufficient air to operate the brakes made it necessary to call in the services of another engine. The defendant was not, however, required to guard against such an’ extraordinary combination of circumstances as produced the injury in question. The opening into the stalls of the roundhouse between the posts was ample for all ordinary conditions and, having provided such a structure, the defendant cannot be held responsible because the plaintiff saw fit to attempt to alight at the very moment when the engine was passing the posts. If the contention of the plaintiff be sustained by the courts, it necessarily follows that the owner of a stable who has provided ample room for his horses and carriages to enter can be held liable if his coachman loses control of the horses and receives injuries in an attempt to descend from the vehicle at the moment it is passing through the door. It will hardly be contended that the owner of a garage is required to provide an entrance wide enough not only to admit the motor car with perfect safety, but also sufficiently ample to enable the chauffeur, should the machine become unmanageable, to leap out while passing through the entrance.
We know of no rule holding a master to such extreme care. If.he provides structures which guard against all accidents which can rea
Judgment reversed.