This action was brought under the death statute of the District of Columbia for damages for the death of the husband and intestate of defendant in error. The death was the result of injuries alleged to have been caused by the negligence of the plaintiffs in error. The negligence is alleged to have consisted in the insufficient coupling of the cars of the plaintiffs in error, whereby one broke loose from the others and ran over the deceased; in not equipping the car with good brakes; and not having upon it a light sufficient to give warning of its approach. The answer was not guilty.
The case was tried to a jury, which returned a verdict in favor of the defendant in error in the sum of $6,500. This amount was agreed to as correct if the jury should find on the other issues for the defendant in error.
Judgment was entered for that amount and costs. It was affirmed on appeal to the court of appeals of the District.
The testimony is somewhat long, and we think it is only necessary to give an outline of what it tended to prove to illustrate and determine the questions presented.
The plaintiffs in error operated a steam railroad in the city of Washington, District of Columbia, and maintained four tracks on Virginia avenue southwest, crossing South Capitol street. The most northerly of the tracks, called 'The Reservation' or 'No. 1' track, was used for freight and shifting purposes. The two intermediate tracks were used for south bound and north bound passenger traffic. The most southerly track was called the 'ladder' or 'lead track.' It was so called because all the tracks in the railroad yard were connected with it, and all the switches lead into it. It extended west across South Capitol street to an alley, and terminated at what was known as the property yard, where coal, ties, iron, and other commodities were stored. Gates and a gateman were maintained at the crossing. There was evidence tending to show that the portion of this track lying west of the crossing was used for storing freight cars, but not passenger coaches, and that no portion lying west was used for shifting or making up the trains; but there was also evidence tending to show that it was so used as occasion required. Landrigan's body was found at the southwest crossing, south of the 'lead track,' 'but nearer the track than the gate,' and there was flesh and blood alongside of the track upon its south side. There was also testimony tending to show that the gates were generally kept down (one witness testified that, in his experience, they were always down) from 10 or 11 o'clock at night until next morning, whether trains were passing or not, and persons with vehicles sometimes found it necessary to request the gateman to raise the gates, and sometimes to wake him up out of sleep for that purpose. Preceding and at the time of the accident a switching crew was making up a train of cars for the transportation of troops to the south, and it became necessary to 'cut out' a Pullman car, called the 'Lylete,' which was standing on one of the tracks. Immediately next to it was a tourist car. It was equipped with a Miller coupler; the Pullman with a Janney coupler. Both couplers were of the automatic type, but of different patterns, and not designed to couple together, and in order to draw the cars out on the 'ladder' track they were coupled together with the ordinary link and pin coupling.