Kansas City, Memphis & Birmingham Railroad v. Chiles
Kansas City, Memphis & Birmingham Railroad v. Chiles
Opinion of the Court
delivered the opinion of the court.
Appellant contends that it was entitled to a peremptory
Eirst — That the testimony proved beyond a doubt that ap-pellee’s own negligence contributed to his injury, and that the rapid speed at which its train was running through the corporate limits of the town of ISTettleton at the time of the injury was not the proximate cause thereof. The proof shows that appellee was an employe of appellant, and was at the time of the accident on his way home on his customary route, at the conclusion of his day’s work. This route led him over a well-defined path invariably traveled by the public, running on the embankment and near the roadbed of appellant. At the time of the accident appellee was some distance from the track, having stepped off the embankment to avoid the train, and when he received the injury was standing at the foot of the embankment, twelve or fourteen feet distant from the passing train. "We do not think that this conduct on the part of appellee could be reasonably construed as contributing in any degree to his injury. According to the uncontradicted testimony, he had taken every reasonable precaution to avoid danger, and was standing so far from the train as to be absolutely removed from all probability of injury from the train itself or from anything which might have been attached to any of the cars. As the train' went by, one of the drawheads, or some iron appliance connected therewith, broke, and the excessive rate of speed at which the train was running propelled the broken part at such a tangent and with such velocity that it struck appellee with sufficient force to fracture his leg. It occurs to us to be so “plain as to become manifest from bare statement that the rate of speed could alone have caused the injury. The simplest laws of physics prove that, had the train been going at the moderate rate of speed required by law, the broken iron would, by force of natural gravity, have fallen to the ground, under the train, or at most could have been cast only a short distance beyond the roadbed.
None of the other objections urged either to the instructions or the admission of testimony, even if well taken, could possibly have affected the result.
According to the record, the appellee is permanently injured
Affirmed.
Reference
- Full Case Name
- Kansas City, Memphis & Birmingham Railroad Company v. Beverly Chiles
- Cited By
- 17 cases
- Status
- Published
- Syllabus
- 1. PERSONAL Injuries. Release of claim. Validity. Evidence. Good faith on the part of a wrongdoer hy whose negligence personal injuries are caused and a full understanding on the part of the person injured as to his legal rights are indispensable to the validity of a release of claim for the injuries; and evidence as to all the surrounding conditions and the relative attitudes of the contracting parties is admissible upon an issue as to the validity of such a release. 2. Same. Concrete case. Questions for jury. Evidence examined and adjudged sufficient to present the following question for the determination of a jury: Whether plaintiff was guilty of contributory negligence; whether the release of plaintiff’s claim was obtained by defendant in good faith, with a full understanding on plaintiff’s part of his legal rights; and whether the rate of speed in excess of that allowed by law was the proximate cause of plaintiff’s injuries.