This action was brought in the District Court of Massachusetts by Michael B. Ryan against the petitioner and the United Fruit Company, to recover damages for personal injuries sustained by him, February 23, 1918, in Costa Rica, while a passenger on a railway train alleged to have been operated by both companies. A verdict was directed for the fruit company. No question as to its liability is presented here. We may refer to the railway company as the defendant.
On the day before plaintiff was hurt, a small insurrection broke out in a part of Costa Rica west of San Jose, the capital. Plaintiff was traveling on the regular morning passenger train running easterly from that city to Port Limon on the Atlantic Coast. At Turrialba, about 65 miles from Port Limon, the train was held up by insurrectos. Its seizure was reported to the Governor at Port Limon, and he sent out a train containing government troops. After detention for some hours, the passenger train was allowed to go. The railroad is a single-track line having sidings at various places. Both trains were given orders to meet at La Pascua. The passenger train was the first to arrive at that place, and went upon the side track to let the troop train pass. The officers of the troop train gave an order to, and the troops did, fire upon the passenger cars. Some passengers were killed and others, including the plaintiff, were seriously injured.
At the close of the evidence, the District Judge, doubting whether there was anything to show negligence on the part of the defendant, submitted the case to the jury; and, in accordance with the practice in Massachusetts and that federal district, directed the jury that, if they found for the plaintiff, they should also return an alternative verdict for defendant, which could be entered if later it should be held as a matter of law that plaintiff was not entitled to recover. General Laws of Massachusetts, c. 231, § 120; Automatic Pencil Sharpener Co. v. Boston Pencil Pointer Co. (C. C. A.) 279 F. 40. The jury gave plaintiff a verdict for $25,000, and made the alternative finding as directed. Afterwards, on motion of the defendant, the District Judge set aside the verdict for plaintiff and entered the alternative verdict. He held that there was no evidence to support a finding against defendant. Subsequently plaintiff died; his administrators were made parties, and judgment was entered for defendant. The case was taken to the Circuit Court of Appeals, and that court vacated the judgment of the District Court, set aside the verdict for defendant, and remanded the case, with directions to reinstate the verdict and give judgment for plaintiffs. 3 F.(2d) 747. This court granted defendant's petition for a writ of certiorari. 269 U.S. 542, 46 S.C.t. 19, 70 L. Ed. 402.
At the trial, plaintiff called a witness familiar with Costa Rica law. He testified, in substance: One who through his fault causes injury to another is bound to make reparation. If a corporation is to be held, the negligence must be that of a person who stands in position of representative. One in immediate charge of a train is held to be the representative of the railroad company for the purpose of that operation. The rule that a high degree of care is owed by a railroad carrier to its passengers does not prevail in that country. The duty owed is uniform. It is the care exercised by a diligent head of a family-a prudent and diligent person who is his own master. In the absence of negligence on the part of the carrier, it is not liable for injuries sustained by passengers. The witness cited sections 1045 and 1048 of the Code of Costa Rica. Plaintiff sought recovery on the ground that defendant knew that the troops had reasonable cause to believe that the passenger train was transporting armed hostile forces, and failed seasonably and adequately to inform the government troops and their officers that there were no insurrectos on the passenger train.