Hubbard v. Tacoma Eastern Railroad
Hubbard v. Tacoma Eastern Railroad
Opinion of the Court
The appellant’s husband was killed while in the employment of the respondent as a switchbrakeinan. The appellant, conceiving that his death was caused by the negligence of the respondent, brought this action to recover in damages therefor. On the trial she was nonsuited by the court, and appeals from the judgment entered.
On the night of October 13, 1915, the respondent started a train of empty rock and logging cars from its Tacoma yards having for its destination a place called Mineral, a station on its line of railway. On the way at the various stations, certain of the cars were sidetracked and others taken on, so that, as the train approached the station of Kapowsin, it consisted of the
In her complaint, the appellant charged the respondent with negligence in using both a defective air hose and a defective coupler. At the trial, however, she offered no evidence showing or tending to show that the air hose was defective, but in effect conceded that it was not uncommon for such hose to burst even with the best of equipment. As to the coupler, her evidence tended to show that it was defective in that a broken pin had been used on one side of the coupler, being too short to reach through and catch the lower eye thereof, and that the strain put upon it by the sudden locking of the air brakes caused it to split out the only eye by which it was held, thus permitting the engine and tender to part from the train.
The trial court rested its decision on the ground that the proximate cause of the accident was the bursting of the air hose; and as this was not shown to be defective, no recovery could be had, even though the coupler was
The respondent argues that there was no evidence tending to support the latter contention, and that no such evidence is available; that at most it can be claimed that it is possible the brakeman might not have been injured had the coupler held, and that a mere possibility is not sufficient to charge it with liability. On this branch of the case, the evidence tended to show that the engine tender, when coupled to the train, was some two or two and one-half feet distant therefrom; that the back of the tender was about six feet higher than the top of the flat car on which the injured brakeman was standing; that there is a ladder running up the back of the tender and grab irons on
The case of Parmelee v. Chicago, Milwaukee & St. Paul R. Co., 92 Wash. 185, 158 Pac. 977, cited and relied upon by the respondent, is not contrary to this conclusion. There the evidence tended to show nothing more than that a defect in the car existed near the place at which the brakeman killed fell off the car; nothing to show what caused his fall, much less that the defect caused it. Here there was a fixed material protection against the happening of such an accident as did happen, which was taken away by the negligent act of the company in using a defective coupling pin. Clearly the cases are not parallel.
In this court, on the argument at bar, the respondent produced a model of the coupler and sought thereby to demonstrate that the pin was intended only to hold the coupler together when open, supporting no strain when properly closed, and argues therefrom that the pin in no manner tended to prevent the engine separating from the train. But aside from the fact, conceded to
The judgment is reversed and the cause remanded for a new trial.
Ellis, C. J., Parker, and Main, JJ.,- concur.
Reference
- Full Case Name
- Vera Hubbard v. Tacoma Eastern Railroad Company
- Cited By
- 1 case
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- Syllabus
- Master and Servant — Injury to Servant —■ Defective Appliances—Proximate Cause—Question for 'Jury. Where the death of a brakeman was caused by the sudden parting of the train, when the air hose broke and set the brakes, and a defective coupling gave way under the strain, the defective coupling was a contributing cause, and it is error to grant a nonsuit on the theory that the bursting of the air hose was the proximate cause of the accident, there being evidence tending to show that, if the train had not parted, the tender of the engine would have been a great factor of safety in preventing the accident, making the proximate cause a question for the jury.