Galveston, H. & S. A. Ry. Co. v. Enderle
Galveston, H. & S. A. Ry. Co. v. Enderle
Opinion of the Court
This is a suit for damages arising from personal injuries inflicted upon appellee, an employé of appellant, through a defective handhold on one of appellant’s cars. The cause was tried by jury, and resulted in a verdict and judgment for ap-pellee in the sum of $9,750.
The evidence discloses that appellee, while in discharge of his duty as an employé of appellant, sought to leave the top of a ‘car and in doing so laid hold of the handhold *277 on the car, which gave way and precipitated him to the ground, inflicting upon his person serious and permanent injuries.
“It shall be unlawful for any common carrier engaged in commerce as aforesaid, to use in moving intrastate traffic within said state any locomotive, tender, cars, or similar vehicle which is not provided with sufficient and secure grabirons, handholds and foot stirrups.”
While the language is somewhat tautological and not specially marked with elegance, it seems to be plain and simple, and capable of being understood by any one who desires to understand it. The statute does not purport to provide the size, material, number, or style of the appliances mentioned, hut it merely provides for such appliances as are “sufficient and secure,” such, for instance, as will not give way and precipitate the servants of the corporation to the earth, as happened in this case. The law lias often been enforced in this state, and railroad companies have not heretofore evinced any doubt as to the meaning and intent of the simple language in which the statute is couched. The statute was enacted to protect those who were called upon to use the appliances named, and it was not incumbent upon the Legislature to state that by the words “sufficient and secure” it was meant that the appliances would not be safe unless they were strong enough to sustain the weight of the passenger or employé who might use them.
“Human ingenuity could not frame a law that would answer the demands of the decision in tko case of Matthews v. Murphy (Ky.) 63 S. W. 785, 54 L. R. A. 415, for it would require that every conceivable unprofessional act should be set out and defined before a license could be revoked for any such act.”
The language held to be sufficient in the Berry Case was “other grossly unprofessional or dishonorable conduct of a character likely to deceive or defraud the public,” and is much more general and indefinite than “sufficient and secure.” Legislatures are not expected to attach lexicons to their laws and define words every one is presumed to understand. We overrule all assignments of error attacking the validity of the statute.
“Railway companies, under these statutes, are required to do more than exercise ordinary care to have and maintain secure handholds, etc. They are required to do more than exercise a high degree of care. * * * Under these statutes, there would seem to bo no defense available, unless it be that the plaintiff himself deliberately caused the handhold, which gave way and injured him, to be insecure.”
*278 It follows that the court properly refused ■to present any issue as to ordinary care upon the part of appellant.
We cannot hold that the verdict is excessive. There is evidence to sustain the amount found by the jury.
The language used by the attorney for appellee in his closing address to the jury could not have injured appellant, had it not been withdrawn and the jury instructed to disregard it, as was done by the court.
The judgment is affirmed.
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