Patton v. Texas Pacific Railway Company

Plaintiff in error, plaintiff below, brought his action against the defendant to recover for injuries sustained while in its employ as fireman. A judgment in his favor was reversed on April 10, 1894, by the circuit court of appeals. 9 C. C. A. 487, 23 U.S. App. 319, 61 Fed. Rep. 259. On a second trial in the circuit court the judge directed a verdict for the defendant, upon which judgment was rendered. This judgment was affirmed by the circuit court of appeals (37 C. C. A. 56, 95 Fed. Rep. 244), and thereupon the case was brought here on error.

The facts were that plaintiff was a fireman on a passenger train of the defendant, running from El Paso to Toyah and return. Some three or four hours after one of those trips had been made, and while the engine of which he was fireman was being moved in the railroad yards at El Paso, plaintiff attempted to step off the engine, and in doing so the step turned, and he fell so far under the engine that the wheels passed over his right foot, crushing it so that amputation became necessary. Plaintiff alleged that the step turned because the nut which held it was not securely fastened; that the omission to have it so fastened was negligence on the part of the company, for which it was liable.

Messrs. Frank W. Hackett and Millard Patterson for plaintiff in error.

Messrs. John F. Dillon, Winslow S. Pierce, and David D. Duncan for defendant in error.

Mr. Justice Brewer delivered the opinion of the court: