146 N.E. 864 | Ind. Ct. App. | 1925
Action for personal injury alleged to have been received on the night of September 27, 1920, in the passenger station at Richmond, Indiana, while appellee was in the United States mail service as a railroad mail clerk running on the regular passenger train from Cincinnati to Chicago.
A trial by jury resulted in a verdict in favor of appellee for $6,000, upon which, after appellant's motion for a new trial was overruled, judgment was rendered. The only errors assigned are the court's action in overruling appellant's demurrer to the complaint, and in overruling its motion for a new trial. Appellee's cause *570 of action is based upon the following facts alleged by him in his complaint:
He had been in the railroad mail service for some years, running between Cincinnati and Chicago, over the line of appellant, and on a regular passenger train leaving Cincinnati. On September 27, 1920, he was engaged in his usual and proper duties as a mail clerk. His train arrived at Richmond about 12 o'clock, midnight; it was the usual custom at that time for the said train to take on a mail car from Dayton, Ohio, and to carry the same to Chicago; it was also the usual custom, upon the arrival of the train at Richmond, that one of the mail clerks on said train should go to the mail car from Dayton which was left upon the track in the station at Richmond, enter said car and assort the mail, and said car was then switched from the track on which it was left in the station into the said Cincinnati and Chicago train.
Appellee on the night in question, as was the usual custom, left his mail car on the arrival of the train from Cincinnati and entered the mail car on the track in the station, which had arrived from Dayton, for the purpose of sorting the mail during the time said train remained at Richmond. On entering the car from Dayton, appellee commenced his usual and proper duties as mail clerk and in repiling the boxes, packages and sacks, and, while so doing, appellant carelessly and negligently ran its locomotive engine against said storage mail car with great force and violence; the force and shock of the collision was such that it drove said storage car several feet along the track upon which said storage car was standing at the time, and when said collision occurred, appellee was in said storage car and had just lifted onto his shoulder a heavy case of mail, and, in consequence of said collision, appellee was hurled, forced and thrown against the side of the car *571 with great force and violence, jamming him against the side of the car with one end of a box against him and the other against the side of the car, following which, he was thrown to the floor of the car with great force and violence; thereby sustaining great and permanent injuries.
Appellant concedes that under § 7480 U.S. Comp. Stat. 1916 (§ 4000 Revised Statutes of the United States), there is an obligation imposed upon railroad companies to carry mail 1, 2. agents or clerks without compensation, and that they are held to be passengers. Numerous authorities so holding are cited in Malott v. Central Trust Co. (1906),
Appellant cites Pittsburgh, etc., R. Co. v. Arnott, Admx.
(1920),
The judgment is affirmed.