134 Mo. App. 655 | Mo. Ct. App. | 1908
Plaintiff was injured on the station grounds of defendant railway company at Holliday, Kansas, and alleges that his injury was caused by the negligence of defendant. The answer-is a general denial and a plea of contributory negligence. The trial resulted in a yerdict and judgment for plaintiff in the sum of one thousand dollars, and the cause is here on the appeal of defendant.
Defendant’s station at Holliday is on the north side of the tracks of its main line which runs east and west. The town is southwest of the station. North of
Though plaintiff, when injured, was on the station grounds and was approaching the station for the purpose of becoming a passenger of defendant, the relationship of carrier and passenger had not begun, and the extent of the duty defendant owed him was the exercise of reasonable care to furnish him safe means of access to the station. Defendant was not an insurer of the safety of its premises, but since it expected and invited the patronage of the public and maintained a station at Holliday as a place for the transaction of business with its patrons, it was charged in law with the performance of the duty of exercising reasonable care to keep its station house, platforms and approaches thereto in safe condition. Tavo roadways for vehicles served as approaches from the public road to the platform, and defendant argues that in providing these ways for the joint use of pedestrians and vehicles, it owed plaintiff no duty to furnish him a safe way across
“The carrier’s liability in respect of the condition of his premises is neither greater nor less .than that of any person to another who, by invitation or inducement, express or implied, has come upon his premises for the purpose of transacting business.” [Thompson’s Carriers of Passengers, 104.] All of the authorities agree that a person who enters the premises of another for the purpose of transacting business has no implied invitation to deviate from passageways which the premises themselves show were prepared by the owner for that special use and were intended to mark out the only Avay by which the place of business might be approached. The rule thus is stated in Armstrong v. Medbury, 34 N. W. 566: “The plaintiff was bound to leave defendant’s premises by the usual, ordinary and customary way in which the premises are and have been departed from, provided the same be safe and in good condition and if for his own convenience or other reason (than defect in the usual place of departure), he leaves such way, he becomes, at best, a licensee and cannot recover for injuries from a defect outside of said way.”
In the invocation of this rule, the difficulty of defendant’s position lies in the facts that it did not indicate an intention to restrict pedestrians to the two roadways, but to the contrary, prepared the graveled area in a way to make it an attractive .crossing place for pedestrians coming from the public road. sThere was no special course provided for footmen along either of the roadways — nothing to show they were not designed especially for the use of passengers and freight vehicles. Of course, a pedestrian could use them by keeping out of the way of such vehicles, but we think
We do not feel justified in pronouncing plaintiff guilty of contributory negligence as a matter of law. The classification of his conduct was an issue of fact to go to the jury. The facts before us differ in important respects from those we considered in Diamond v. Kansas City, 120 Mo. App. 185, cited by defendant. There, the plaintiff was familiar with the sidewalk, knew of the presence of dangerous holes in it and had them in mind at and before the time of his injury, but took no precautions to avoid them, though the darkness was so complete he could not see the sidewalk. Here, plaintiff previously had obtained knowledge of the presence of the wires, but forgot about them at the time and, if his testimony is true, was not remiss in atten
The instructions to the jury accord with the view of the law we entertain and are not made the subject of complaint by defendant. There is ho .error in the record and, accordingly, the judgment is affirmed.