Davis v. Kennedy

Background

A widow sued under the Employers’ Liability Act to recover for the death of David Kennedy, an engineer killed in a collision between two trains near a place called Shops, about two and a half miles west of Nashville. The line was double track to Shops and single track beyond. Train No. 1 had the right of way; No. 4, which Kennedy operated, was under instructions never to pass Shops unless the crew knew No. 1 had already passed. The conductor asked Kennedy to watch for No. 1; Kennedy agreed but ran past Shops and the collision occurred. A Tennessee trial court and the state supreme court awarded judgment to the widow.

Reasoning

The Supreme Court reversed the state-court judgment. The Court said the engineer had a personal, primary duty to positively ascertain whether the other train had passed because he had physical control of his train and was managing its movement. The Court rejected the view that the negligence of other crew members, who held secondary roles, could substitute for the engineer’s own failure. Allowing recovery for an injury directly caused by the engineer’s omission, simply because others might possibly have done more, was called a perversion of the statute. The opinion cited Frese v. Chicago, Burlington & Quincy R. R. Co.

Real world impact

The ruling narrows when families can recover under the Employers’ Liability Act where a worker with direct control fails to follow a safety duty. It places clear responsibility on the person operating and controlling the train to verify oncoming traffic. It also reduces liability for other crew members whose duties were secondary to the engineer’s control.