Southern Pacific Company, a Corporation v. Mary v. Heavingham, Special Administratrix of the Estate of Arthur v. Heavingham, Deceased

This is an appeal from a judgment recovered by the appellee as plaintiff in the court below against the appellant Southern Pacific Company under the provisions of the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq. The only errors specified relate to the refusal of the trial court to instruct the jury that they could not include in their award any sum for conscious pain and suffering by the plaintiff’s decedent, and the giving of an instruction by the court which permitted the jury to take into consideration that sort of damages.

Heavingham, the decedent, was employed as head brakeman on a Southern Pacific freight train which ran into and collided with the rear of another freight train near Davis, California. At the time of the collision Heavingham, the engineer, and the fireman were in the cab of an engine. On this engine the cab was on the front. The engineer had received a caution signal and had reduced speed preparatory to stopping when the caboose of the train ahead suddenly appeared through the fog in which the train was operating and although emergency brakes were applied, the collision occurred. Both the fireman and the engineer were thrown through the windows…