Griggs v. Houston

1. Sections 1166 and 1167 of the Code of Tennessee, touching the liability which ' railroad ■Companies incur • by > failing/' to observe - certain precautions in' running their trains; do not- apply ..to contractors engaged in’ constructing a railroad. 2. The jury may be properly instructed to find for the defendant, where, if the verdict should be against him, the court should set it-aside and grant a'new • -trial.

Error, tp the. Circuit-Court .of the United States, for the Eastern District of Tennessee. > , ■ . The defendants,,contractors engaged in building a railroad in Tennessee, were sued ..by the widow of Griggs, for herself and his minor - children, for damages caused by his death. He was improperly riding on the pilot or bumper of a locomotive, forming part.of a construction train of the defendants, at the time it. collided with-loaded cars standing on the track. The injuries he then received resulted in his death. Persons on the ears attached to the train were not hurt. . . Her claim to-'recover was based upon sect. 1166 and sect. 116,7 of the - Code. of. Tennessee,, -prescribing- certain- precautions which a railroad company must observe, in running its train. . Théy provide that ¡“when any person, animator ■ other obstruction., appears upon-, the. road, the alarm-whistle shall-be sounded, the breaks-put down,-and every-possible means employed .to stop the train and-prevent an ¡accident; and every railroad company that fails to observe these precautions, or cause ".them to. be observed by its agents or servants, shall be responsible for all-damage to persons or -property occasioned by or resulting from any accident or collision that may occur.’’ The court, charged -the jury that these provisions did not apply to the case, and that she was not entitled to recover. The jury found for the defendants, and she sued out-this writ. Submitted on printed arguments b j-Mr. J. M. Thornburgh for. the plaintiff in error, and by Mr. Xenophon Wheeler for the defendants in error.