Page:Federal Reporter, 1st Series, Volume 9.djvu/640

 ^EP V, INDIANAFOLIij & BT. LOUIS B. 00. 625 �Keep V. Indianapolis & St. Louis E. Co. Keep V. Union Eailwat & Teansit Co. {Circuit Court, E- D. Miseouri. October 8, 1881.) �1. CoMMOw Carriers — Negligence. �Wliere two or more railroads, by an arrangement between themselves, estab- lish a route to a certain point, and contract to carry a passeiiger over their roads to the terminal point, the terminal road is liable to him, as a common carrier, if, -wbile being conveyed by it to his destination, he is injured, eithei through the negligence of its immediate employes or others with whom it bas contracted for motive power or other service. �2. SaMB — LlABILITT OF PaRTY FURNISIIING MoTIVE PoWER TO A RaILROAD. �A corporation fumishing motive power to a railroad company, but not act- Ing, or chartered to act, as a common carrier, is not bound to use more than the ordinary skill and diligence which its employment needs, and is only liable for direct negligence or unskilfulness. �3. Bame— Samb. �Where a common carrier employs another party to fumish motive power, and through the direct negligence of the latter, a passenger, being conveyed by the carrier, is injured, and the carrier is also at fault, and the passenger brings a suit against each party, and both suits are tried together, the same amount of damages should be rendered against each. Under such circumstances the satisfaction of the judgmeut in either case should be made to operate as a sat- isfaction in both. �4. Same — Same — MBAStTBB of Damages. �A party who receives a physical injury through the negligence of another, should be allowed sufBcient damages to compensate him for the amount of his expenditures and losses in consequence of the injury, taking also into con- sideration the extent of his injuries, his suft'erings, and the efEect of the acci- dent on his general health. �The above-entitled cases were, by order of the court, tried together. �In the case against the Indianapolis & St. Louis Eailroad Com- pany the plaintifif alleged in his petition that the defendant was a common carrier of passengers over a railway extending from the city of Indianapolis, in the state of Indiana, to the city of St. Louis, in the state of Missouri ; that for a valuable consideration it contracted to convey him as a passenger carefully and safely from Indianapolis to said city of St. Louis ; that while he was in a car of the defendant, and was being transported under said contract, the defendant negli- gently, carelessly, and unskilfully managed and handled said car so that it was violently thrown oii the track and overturned, by reason whereof he received serions bodily injuries and suffered greatly, both mentally and physically, and was forced to pay out large sums of money. For all of which he asked damages in the sum of $50,000. v.9,no.ll— 40 ��� �