Texas & Pacific Ry. Co. v. Murphy, 238 U.S. 320 (1915)

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Texas & Pacific Railway Company v. Murphy

No. 791

Argued April 23, 1915
Decided June 14, 1915
238 U.S. 320

ERROR TO THE CIRCUIT COURT OF APPEALS

FOR THE FIFTH CIRCUIT.

Syllabus

Although the shipper may be in control of the car and may be negligent in regard thereto, the carrier is not relieved of responsibility, and so held that:

An employee of the carrier, not guilty of contributory negligence and not charged with notice of the carrier’s rules in regard to refrigerator cars may, under the circumstances of this case, be liable for injuries caused by the doors of ice bunker being left open by the shipper in control of the car although the employee knew that the shipper was in such control.

The facts, which involve the validity of a verdict and judgment for damages recovered by an employee of a carrier, are stated in the opinion.