124 Ga. 679 | Ga. | 1906
Holbrook, the plaintiff in the court below, was a train-hand in the employment of the Southern Railway Company. His petition alleges, that while he was on a freight-train of that ■company, in the discharge of his duties, at about half past one ■o’clock in the morning on a day named, the drawhead of one of the ■cars pulled out and the train parted;-that in this emergency it be•came necessary to chain together the cars at the point where the train separated; that the conductor, .who had entire charge of plaintiff, directed him to assist in this work, which it was his duty to ■do; that by the conductor’s orders the detached portions of the train were placed in such a position that the car’ from which the ■drawhead had been pulled (which was in the front portion of the train, or that attached to the engine) was situated at a distance of ■six or eight inches from the drawhead of the end car of the detached portion of the train, the entire train being brought to a complete stop; that while the cars were in this position the plaintiff, under ■orders from the conductor, proceeded to the work of chaining the two cars together, when the engineer, fireman, or other employee in ■charge of the engine, negligently caused the front portion of the drain to come back against the rear section, the plaintiff’s hand being caught between the two cars and injured in a manner set out. It was alleged that the engineer personally observed the situation of the train while the plaintiff was at the work described, and knew of his position and the importance to his safety that the train be Jkept stationary. He sued for $2,000 damages. The defendant filed an answer in which it denied 'liability, and claimed that the plaintiff, under the rules of the company, which he was under written contract to observe, had no right to be in the position in which he was at the time of his injury. The jury found for the plaintiff the full amount sued for. The defendant moved for a new trial, which was denied, and it excepted.
Judgment affirmed.