Texas & Pacific Railway Company v. Murphy

Background

Murphy was a switchman employed by a railway in Marshall, Texas. While doing his job at night he walked on top of a refrigerator freight car to test and set its brake. The car was partly loaded with bananas and had an ice bunker with a roof opening surrounded by a raised coaming and a hinged hatch that could be set with a ratchet. On the night of the accident the hatch was left wide open, the lantern Murphy carried gave little light, he stepped on the coaming, slipped, and fell, suffering serious injuries. The car was being used by a man named Marshall to sell bananas.

Reasoning

At trial the jury found for Murphy and the appellate courts affirmed. The railway argued that its rules for transporting bananas let the messenger in charge keep ventilators open and that Marshall’s control over the car should let the company avoid liability. The trial judge refused to tell the jury the company’s rules were conclusive. Instead the judge said leaving the hatch open by Marshall would not automatically defeat Murphy’s claim; the jury could consider Marshall’s control when deciding whether the railroad was negligent or whether Murphy was partly at fault. The Court noted no evidence showed Murphy knew the company rules, so that fact was only a circumstance.

Real world impact

This decision upholds an injured worker’s recovery and makes clear a company cannot automatically escape responsibility when another person temporarily controls part of its equipment. Employers, workers, and anyone using refrigerator cars are affected because the jury may weigh who controlled the car but must still consider the company’s duty to keep employees safe. The judgment was affirmed, ending this dispute in favor of the injured switchman.