Richmond Company v. Elliott

This was an action by Henry Elliott against the Richmond & Danville Railroad Company for damages for personal injury. There was judgment for plaintiff in the court below, and defendant brings error. Reversed.

Statement by Mr. Justice BREWER:

On February 8, 1887, defendant in error commenced this action in the superior court of Fulton county, Ga., to recover damages for personal injuries. The case was removed to the circuit court of the United States for the northern district of Georgia, in which court a trial was had on the 2d of November, 1888, and a verdict returned in favor of the plaintiff for $10,000. Judgment having been entered thereon, defendant sued out a writ of error from this court.

The facts were these: The plaintiff was an employe of the Central Railroad & Banking Company, which company had, under an arrangement with the defendant, the right to use its yard in Atlanta, Ga., for switching purposes, and in the making up of trains. He was one of the crew of a switch engine belonging to the Central Company, and on the night of November 25, 1886, while in the discharge of his duties in the yard, engine No. 515, belonging to the defendant, exploded its boiler, and a piece of the dome thereof struck him on the leg, and injured him so that amputation became necessary. The explosion of this boiler was charged to be owing to negligence on the part of the defendant in this respect: 'That more steam was allowed to generate than the engine had capacity to contain;' that the boiler was defective, and that the defendant had notice of the defect.

Henry Jackson, for plaintiff in error.

C. T. Ladson, for defendant in error.

Mr. Justice BREWER, after stating the facts in the foregoing language, delivered the opinion of the court.