276 F. 334 | D.C. Cir. | 1921
Plaintiff’s decedent, Hugh R. Callahan, a foreman of signal helpers and maintainers, was killed while repairing a switch in the yards of defendant terminal company. From a judgment for damages defendant appeals.
It appears that, while Callahan with his helper was working on what is known as switch No. 137, they were run over and killed by engine No. 23, which was moving a train of empty cars from the union depot to the yards. There was testimony that the train was moving at from six to eight miles per hour, and that the bell was ringing. A train passing on a parallel track, the testimony showed, was making sufficient noise to confuse the workmen and to detract attention from the approaching train. Callahan, however, was there under rules established by the company for the operation of its tracks and switches within the yard limits. One rule required the signal foreman’s helper to keep a lookout while the foreman was at work on the switch and to warn him of approaching trains. Another rule required both the engineer and fireman to keep a lookout ahead for men working on the-tracks and switches and to stop the train if they failed to get out of the way. These rules were in the interest of the company. Trains were constantly moving backward, and forward on these tracks and switches, and if a workman was compelled to keep a lookout for his own safety, he would get little accomplished.
The judgment is affirmed, with costs.
Affirmed.