Tex., S. C., Jan. 1890.) evidence and equity of the cause of action as shown in the record are suffi- NOTE.-This decision is of interest to cient to support the verdict, but on ac- all railway employes' engaged about count of such technicalities the cause the yards where trains are made up. must be retried. That the perilous square tanked switchNEGLIGENCE OF MASTER-SQUARE ing engines must go is no longer TANK ENGINE-EVIDENCE-DAMAGES. doubted; as to their obstructive and 1. In an action against a railroad com- hazardous construction hundreds of pany to recover for the death of an lives are given up every year. It is a employe run over by a switch engine, healthy omen when courts regard them Held, that evidence that another man, as defective and unfit for yard purwho was working by the side of de- poses. ceased, came so near being run over that the engine struck his foot, is admissible as tending to show that the peril of deceased was not brought about by his own negligence. 2. When the evidence showed that the engine in question would have been safer if it had had a sloping tank instead of a square one, and that the company used sloping tanked engines in its other yards, is admissible, as indicating that it had knowledge of that fact. 3. That an instruction that if the jury believe from the evidence that the injury was caused by the defective construction of the square tanked engine and the negligence of the engineer and foreman, the company would be liable, is not obnoxious to the objections that it assumed as a fact that the engine was defective and unsuitable for such purposes, and was a charge upon the weight of the evidence. 4. That a charge requested by defendant, that if the engine was defective or had a square tank rendering it unsafe for switching purposes, and deceased knew of it, or might have known of it, and if said defects contributed to his death the jury should find for defendant, was properly refused, because the evidence failed to show that deceased understood the danger to himself from the use of the square tank. 5. That a verdict for $10,000 will not be set aside as excessive, in view of the fact that deceased was a stout, healthy and sober empioye, aged 35 years, earning $1.25 per day, and who left a widow and two infant children. Affirmed. (Missouri Pacific Ry. Co. vs. Lehmberg, In SHOP HANDS-FELLOW SERVANTS— NEGLIGENCE OF VICE PRINCIPALMODIFICATION OF INSTRUCTIONS. an action for personal injury wherein plaintiff had verdict and judgment, on appeal it is Held, 1. That a foreman in the repair department of the shops of a railroad company, with power to employ and discharge hands, is not the fellow-servant of those under his control, but the representative of the company. 2. In an action where plaintiff testified that, before he went under the car, H., his foreman, promised to watch and see that he was not injured, and when defendant requested an instruction that if the jury found that H. "abandoned the watch with plaintiff's knowledge" and then plaintiff continued the work relying on the promises of two of his fellow servants to keep a lookout, and was hurt by their failure to do so, then they must find for defendant. The court refused the charge but added by interlineation after the word "knowledge" the following: "And the plaintiff knew or ought to have known that H. would not, by himself or others, protect him." Held, that the court did not err in ruling; for even if H. had abandoned the watch with plaintiff's knowledge, of which there was no evidence, the jury was justified in presuming that plaintiff still relied upon him to take other steps for his protection. 3. That a railroad company cannot escape liability for injury to an employe who had been promised protection, by the foreman who had failed to keep his promise, and delegated the watch to other employes' who also failed to warn him of approaching cars. Judgment affirmed. (Missouri Pacific Ry. Co. vs. Williams, Tex. S. C., Nov. 8, 1889.) Held, That where an employe of the receiver of a railway company was injured in the line of his duty, and without his fault, by reason of having entered an old, dangerous and rotten secREPAIR SHOP-EMPLOYE OF MAS- tion-house during a storm, which was TER MECHANIC-FELLOW SERVANTS- blown down upon him, such receiver is WHO ARE. In an action to recover liable to him for wages at the rate of for a personal injury resulting to an $60 per month during his illness, and employe of a railway repair shop, the cost of this action. Masters report wherein the defendant alleged as a de- amended accordingly. (Missouri Pafence that the injury was occasioned cific Ry. Co. vs. Texas & Pacific Ry. Co. by the negligence of a fellow-servant and Blaeser Intervenor, U. S. C. C. La. and there could be no recovery. On Mch. 7, 1890.) appeal. Held, That when a master-mechanic in a railway company's shops, having full authority over the men, machinery, and work, and who is the only representative of the company there at the time, and who orders an employe to disconnect certain portions of an engine, and while so engaged under the direction of the master mechanic, the latter negligently moves the portion disconnected so that it falls upon and severely injures the workman (plaintiff) he will not be considered a fellow servant, so as to relieve the railroad company from liability to the servant. (Dyer vs. E. T. & H. Ry. Co. Ind., S. C., Jan. 21, 1890.) RECEIVER-INJURY TO EMPLOYE WAGES DURING RECOVERY. In an action by an employe of the defendant railway company, to recover damages for a personal injury resulting to him while in the line of duty, as to the pain and suffering occasioned thereby, and for the amount of his wages during the time he was unable to work, and the loss of certain personal effects destroyed in the alleged dangerous, old and rotten section-house. The matter was referred to a master, who found that the section-house was safe; that the receiver was not notified of the unsafe condition of the house, and that the storm was of unusual and terrific force and that the destruction of the sectionhouse was an act of God for which the company could not be held liable, etc. From this finding plaintiff took exceptions. Mr. Gompers has not taken a course that is likely to cause disinterested people to form a high opinion of his fairness or discretion. He recently made charges that the Knights of Labor have been acting unfairly toward the federated trades. Mr. Powderly proposed to answer these charges at a public meeting called by his own order, and courteously offered to share the platform with Mr. Gompers and discuss their differences face to face. Mr. Gompers undertook to treat this invitation as a challenge for joint debate and to insist on a number of conditions as to the composition of the meeting, etc. Mr. Powderly informed him that the meeting was under the management of the local Knights, that he had nothing to do with the arrangements, and that Mr. Gompers was mistaken in supposing that members of the federated trades would be excluded, or would not have as good an opportunity to attend as the Knights. He thereupon proceeded with the meeting and made his answer to Mr. Gompers's charges. Mr. Gompers now comes out in the newspapers and savagely abuses Mr. Powderly. We have no greater interest in the Knights than we have in the trades unions, and regret their differences, but in this particular matter it seems to us perfectly clear that Mr. Gompers has acted with a lack of courtesy and fairness that is likely to prejudice his cause before the people. - The Standard. pendence in what he told them, a reputation that some who seek his position have not got. The wholesale reduction in force and working time on the Union Pacific the past month was like thunder from a clear sky. It was not expected. It is hard to find a reasonable excuse for it, but it should demonstrate to workmen that a permanent reduction in working time would be a blessing to them, and that the corporations have no reasonable argument why it should not be effected. Meagre reports have been received at this office that the machinists at La Grande went on a strike about the 18th, and from all rccounts it appears to have been an ill advised affair, and unsuccessful. Also that the machinists at The Dalles intended to strike, but that the reduction order discharged them all. Such moves demonstrates the need of proper organization for the good of all concerned. It takes more then one class of workmen to operate a road, and more than one class to be of much weight in a strike. On June 25 and 26 at Denver, the Denver lodges of the Brotherhood of Firemen held a union federation meet ing, at which there were representatives from Firemen's lodges throughout the west, the Brotherhood of Trainmen, Brotherhood Conductors, Brotherhood Engineers and the Knights of Labor railroad employes assemblies. G. W. Howard, chief of the Conductors Brotherhood, Frank Sweeney, chief of the Switchmen, E. V. Debs, grand secretary of the Firemen, was also present. The various proposed details of practical federation were thrashed out with profit to all. It being a representative meeting of the rank and file, they had a chance to have their say, and said it. There appears to be universal regret among the Union Pacific employes at the departure of Mr. E. Dickinson. He The meeting was simply instructive is a sensible, practical railroad man, in its nature. No definite action being that was why men liked him. And taken, but great good in bringing railanother reason men could put some de- road employes closer together and to understand each other was accomplished. The "war" that has been on for some months between this MAGAZINE and the Fireman's Magazine over the federation question was declared off. Bro. Debs in shaking hands with me, stated that he believed now, that there was much in the details of practical federation that can be discussed with profit. Our Brother federalists Curtis and Carter from Taylor, Texas, were in attendance, and did good work. They are true blue. On Thursday the representatives to the meeting and friends enjoyed an excursion over the Loop, tendered by the Union Pacific company. As a result of a number of the representatives getting together on Friday a photograph of a group of seven entitled "federation" was taken. The group were Hynes, Bundage, Curtis, Carter and Debs, of the Firemen's Brotherhood, Vroman of the Locomotive Engineers, and Corbin of the K. of L. CORRESPONDENCE. NOTE TO CORRESPONDENTS. Do not wait until the last moment to write up your monthly letter. Send it in at any time, the The first sooner after you read this the better. opportunity you have is the best time. EDITORIAL CORRESPONDENCE. The MAGAZINE'S Editor is not often away from home, but it was my pleasure during the month of Juue to be absent twenty-two days on a trip through the east, visiting Chicago, Philadelphia, New York, Albany and several places on the line of the New York Central, passing safely over about 5,500 miles of railroad. When one considers the enormous passenger traffic that onr great trunk lines handles at high rates of speed and with the greatest comfort, the great rush of people at the depots of the great railroad centers with such little jar, so few accidents, and that it is the result of ability and faithfulness on the part of the men engaged in the ser vice, in all its branches he must exclaim, to be called a railroad man is an honorable distinction. It means those that keep the tracks in shape on which so much depends (and paid such a miserable pittance for). Those who keep engines and cars in proper shape for their hard duties, but whom some do not choose to dignify with the general title of "railroadmen." Those who handle, dispatch or superintend trains. It matters not what the service may be the success seen is the result of the well doing of each part. All honor to railroad men. Even the ticket seller does much to add comfort to the patrons of the road. A goodly number of hard dollars may have to be handed over to him, but if he is pleasant, courteous, posting the pas senger on all he is entitled to on his ticket he starts off in a better frame of mind to appreciate what he gets and will certainly again see the office of the road employing such men. The Union Pacific has such a man at Denver in Sam Drury to whom I applied for the necessary paper to carry me to Chicago. There is no greater addition to the comfort of the passengers than the addition of dining cars, and the Union Pacific has a finer service than we found any where in the east. It is pleasing to know that the great railroad that so many of the readers of the MAGAZINE are interested in, keeps to the front with and in some respect ahead of eastern lines, which have, because they pass through a more thickly populated conntry a heav ier passenger service. It was a pleasure to me to boast of it among eastern people. I was one of the unfortunates that was storm bound on the C. & N. W. on the eve of June 3, about forty miles east of Council Bluffs. In the years I had lived in Colorado, I had about forgotten how hard it could rain. The state of Iowa appears to be all afloat, and the heavens kept on adding to the supply and with what a noise! It was a continuous flash of lightning and roar of thunder all night long. The train being held at one small station fourteen long hours, but it was better than to pass over tottering bridges and submerged tracks. We reached Chicago twenty hours late. The passengers of this rain bound train appreciated the act of the Northwestern Compauy in sending out a dining car to meet this train. The dining cars being distributed to connect with trains running ou schedule time, and this train having lost its rights and not passing the right time for meals would have caused the passengers to have gone without supper on the eve of the 4th, but for this act of the railroad company. We reached Chicago at 3:45 a. m., and the act of the Pullman company in leaving their patrons of the train undisturbed until seasonable time in the morning was appreciated, though one of their porters was decidedly put out about it, and if all their porters was like this particular one a ride in their cars would be made decidedly disagreeable. After two days spent in inspecting farm life in Northern Illinois I continued eastward reaching Syracuse, N. Y., on the eve of the 8th. The morning of the 10th found me aboard of a D. L. & W. train bound for Philadelphia, The scenery along this line is enjoyable. Vegetation every where in its greenest green showing no struggle to live as appears so markedly along our western scenic lines. Towns along this part of the country appear to be prosperous judging from the number of houses seen in the course of erection. Scranton was the dining station. This is the city famous as the home of Powderly, but if he had to eat regular at that dining house he would have never been heard of, and it cost too just as much as in the wildest west or on the fine diners of the Union Pacific. Early that evening I was shaking hands with Powderly, Hayes and the members of the General Executive board, and the next day had the pleasure of hearing their decision to convene the next General Assembly at Denver and of telegraphiug the news to Denver, also of inspecting the headquarters of the order and of visiting the Baldwin locomotive works of which I will speak in my next letter. I found the general officers of the order in excellent spirits and well they might be when the evidences of the vigorous substantial growth of the order everywhere is seen, especially in eastern cities. Philadelphia appears to a westerner like a sleepy old city, but I regret that limited time prevented me viewing its beauty spots. Early on the morning of the 12th found me on a Pennsylvania train bound for New York City. This road takes one over the distance of ninety miles in two hours including the ferry across North river. In a few moments after landing in New York I was shaking hands as with old acquaintances with officers of the celebrated district 49, and, by the way it is fast gaining former large membership and power in New York. I feel under special obligation for courtesies shown me by all the New York Knights, especially Bro. Carson, the district treasurer, in taking the time to pilot me over the city, and Bros. Secretary McNair, D. M. W. Murray, Dooly and McGuire, the famous "Tom" and let me note he is talking of coming west, and I hope he does and that every member of D. A. 82 can shake hands with him. I visited the building Vanderbilt gave for the use of the N. Y. C. employes and had a pleasant talk with Mr. G. A. Warburton, the secretary in charge. This gift of Vanderbilts is proving one of his most paying investments. Of this building and similar ones on the N. Y. C. system I will have more to say of in the future. I visited the offices of the Locomotive Engineer and the American Machinist, and met John A. Hill, the editor of the engineer, and Mr, Miller of the American Machinist. Mr. Hill was formerly a locomotive runner on the Rio Grande, and Mr. Miller left a machine shop to take his present responsible position and the great success of these two papers is a guarantee of what is possible for men from the active manual occupation of life to do. My limited time compelled me to cut my stay in New York short, and the morning of the 13th we greeted the officers of D. A. 246, N. Y. C. & H. R. railway employes who now have a membership well up in the thousands composing all classes of employes at present mainly train and engine men. The district has already done wonders for the employes of that system and bids well under its good management to do much more. Bro. E. J. Lee the D. M. W. is a locomotive engineer, and Secretary Edward Portly is a switchman. It remained in Albany two days. Of my visit there with the Knights of the N. Y. C. railway and Albany I will write of in a future letter. of Syracuse. At boarded the Lake I had expected Sunday the 15th found me again In Syracuse, and the same day I visited the railroad assembly there. On Tuesday eve following the one at East Syracuse. On Wednesday the assembly at Lyons, 45 miles west 5:25 Sunday the 22d, I Shore Limited for Chicago. to visit the railroad assembly at Buffalo, but was not able because of a message to hurry my return to Denver, which place I reached on the morning of the 25th in time to attend the Union federation meeting called by the Firemen lodges at Denver. The only fault I have to find with my excursion is that it is too much travel for too little visiting, and if I were to go over the same ground again would want four times the time. I found that the order is in a flourishing condition in the east, and that it is especially strong on the eastern railroads. SHOSHONE, IDAHO, May 19, 1890. Editor Magazine : O the masquerade ball, The silliest of all, Now closes the winter season To please every one With makeups all out of reason. We would take it at once That there's a prize on the dunce, To see such a host Who could carry it out to the letter. -Shortfellow. |