Cleghorn v. New York Central & Hudson River Railroad Co.

CHURCH, Ch. J.

The accident was caused by the carelessness of the switchman, in neglecting to close the switch after the stock train had passed on to the side track, and in giving a false signal to the approaching passenger train, that the track was all right. It was a clear case of negligence; and for the injury to the plaintiff produced thereby the defendant is liable in this action. It is insisted that the court erred in admitting evidence of the intemperate habits of the switchman, and that the case of Warner v. N. Y. C. R. R. Co. . . is a direct authority against it. That was a case of injury at a road crossing. It was proved that the flagman neglected to give the customary signal, and was intoxicated at the time. The Commission of Appeals held it error to show previous habits of intemperance known to the officers of the company, upon the ground that such evidence had no bearing upon the question of negligence at the time. In that view the decision was right. Previous intoxication would not tend to establish an omission to give the signal on the occasion of the accident. In this case it was sought to be proved, not only that Hartman was intoxicated at the time of the accident, but that he was a man of intemperate habits, which were known by the agent of the company, having the power to employ and discharge him and other subordinates, with a view of claiming exemplary damages. For this purpose the evidence was competent.

It is unnecessary in this connection, to speak of the strength of the proof upon which a claim for exemplary damages was made in this case. It is sufficient to say that the evidence was competent upon the question of gross negligence on the part of the defendant in employing or continuing the employment of a subordinate known to be unfit for his position by reason of intoxication.

Judgment reversed. [on other grounds]