18 Ind. App. 346 | Ind. Ct. App. | 1897
Appellee sued appellant for injuries alleged to have been received on account of the negligence and carelessness of appellant’s servants in the running and operation of one of its trains. ■ Trial by jury; special verdict, and judgment for appellee.
The facts as averred in the complaint, and upon which the appellee bases his right of action, are so unusual and out of the ordinary, that we deem it expedient to state them fully in this opinion. The complaint avers that the appellant was the owner and at the time of the injury complained of, operating a railroad in and through Dearborn county, Indiana, and that said railroad runs from Lawrenceburgh to Aurora; that on the 12th day of May, 1895, appellee purchased a round-trip ticket of appellant’s ticket agent at Lawrenceburgh, to Aurora, which entitled him to be carried from said city of Lawrenceburgh, to Aurora and return; that for said ticket he paid twenty-five cents; that he did go upon appellant’s train to Aurora, and that the part of the ticket which entitled
Upon the return of the special verdict, appellant moved the court for judgment in its favor thereon, which motion was overruled, and an exception was reserved. Appellant interposed its motion for a new trial, which was also overruled, but as the overruling of the motion is not assigned as error, no questions raised thereby are presented for determination.
The only error assigned by appellant is the overruling of its motion for judgment on the special verdict. The special verdict consists of 108 interrogatories and the answers thereto, and.we are glad to say contains very little redundant or irrelevant matter. While it is highly proper for us to copy literally into the opinion some of the interrogatories and answers, embracing the more potent, controlling, and important facts, as to the general and less important ones, as we get them from the special verdict, we content ourselves by stating them as briefly as possible, in our own language.
The jury found that appellant, on May 12, 1895, maintained at Lawrenceburgh, Indiana, a passenger depot and station, and that an agent was in charge thereof, authorized to sell tickets; that on said day appellee was a passenger on one of appellant’s trains from Lawrenceburgh to Áurora; that he purchased of appellant and had in his possession a ticket which entitled him to ride on one of its trains from Aurora to Lawrenceburgh; that on said day appellee attempted
We quote in full the following interrogatories and answers:
“15th. If, on said 12th day of May, 1895, plaintiff attempted to enter a vestibule car in one of defendant’s passenger trains for the purpose of being carried as a passenger to Lawrenceburgh, was he at the time he so attempted to enter said car exercising such reasonable care and prudence as persons of ordinary prudence would and do exercise under like circumstances? Answer: Yes.
“18th. If the plaintiff did at said time and place attempt to enter a vestibule car of defendant and found the vestibule door thereof could not be opened from the outside, and the train was moving when he discovered said door could not be opened, did the plaintiff entertain a well-grounded fear that to remain where he was, or to attempt to. get off said train, he would be in danger of death or great bodily harm? Answer: Yes.
“19th. If on said 12th day of May, 1895, plaintiff did, at said city of Aurora, attempt to board a vestibule car in defendant’s train, to be carried as a passen*354 ger to Lawrenceburgh, and found the vestibule car could not be opened from the outside, did he attempt to go from the steps of said vestibule car to the steps of the car next in front of it for the purpose of getting into the last-named car? Answer: Yes.
“20th. If, at the time and place mentioned in the last preceding interrogatory, plaintiff attempted to go from the steps of defendant’s vestibule car to the steps of the car next in front of it for the purpose of entering the last-named car, was he, at the time of so attempting to reach said last-named car, exercising such care, caution and prudence as reasonably prudent persons would and do exercise under like circumstances? Answer: Yes.
“23d. If the plaintiff, on the 12th day of May, 1895, at the city of Aurora, attempted to board a vestibule car in defendant’s passenger train at or about the schedule time for the starting of said train from Aurora to Lawrenceburgh, how far were the front steps of said vestibule car from the cinder platform at which the defendant company then received passengers? Answer: Sixty feet.
“24th. . If, at the time and place mentioned in the last preceding interrogatory, the plaintiff had a return ticket entitling him to ride on defendant’s passenger train from Aurora to Lawrenceburgh, and he then attempted to go from the steps of said vestibule ear to the steps of the car next in front of it, and in such attempt he was thrown or fell to the ground and his left arm was then and there so injured by reason of falling or being thrown from said car as to necessitate amputation of same above the elbow joint, what amount of damages, if any, has the plaintiff sustained by reason of said injury? Answer: Two thousand dollars.
“25th. If, on said 12th day of May, 1895, the plain*355 tiff received the injuries mentioned in the last preceding interrogatory, and in the manner mentioned therein, would said injury have occurred if said vestibule door could have been opened from the outside when the plaintiff attempted to enter said vestibule car? Answer: No.
“29th.' Were not the facts and circumstances existing at the time the plaintiff attempted to board said vestibule car (if he did attempt to board it) such as to lead a reasonable person, having no knowledge to the contrary, to believe that said car was at said time intended by the defendant for the reception of passengers? Answer: Yes.”
The above interrogatories set out in full, were submitted to the jury by the appellee, while those that follow were submitted by the appellant:
“34. Do you find from the evidence that the two rear coaches on this train were brought from Cincinnati and attached to the rear of the train for the purpose of being used for the reception of passengers at Yalley Junction and intermediate stations between there and Cincinnati? Answer: Yes.
“35. Do you find from the evidence that the two rear coaches on this train, including the vestibule coach, were intended for the reception or carrying of passengers from the city of Aurora? Answer: No.
“55. Do you find from the evidence that, after the train - started, the plaintiff attempted to leave the steps of the vestibule car and get upon the steps of the coach immediately in front of the vestibule car? Answer: Yes.
“56. Do you find from the evidence that the plaintiff fell from the train to the ground while attempting to pass from the steps of the vestibule car to the steps of the coach in front of the vestibule car? Answer; Yes.”
(1.) Having closed and locked the doors of the vestibnle car, at whose steps he was standing, waiting to enter.
(2.) In starting the train on its return trip without any signal or warning.
(3.) That after said train had started, and while appellee was attempting to pass from the steps of the rear car to the one immediately in front, the engineer carelessly and negligently caused the engine to suddenly move forward, so that the train was jerked with great force and violence, causing him to fall, etc.
As to the second and third acts of negligence charged, the jury found adversely to the appellee, and these being thus removed from the case, by such finding, there are but two questions for our consideration: (1) Was it actionable negligence on the part of the appellant to have the doors of the vestibule car closed and locked, and (2) was appellee guilty of negligence that resulted in or contributed to his injury? Should the first of these questions be determined adversely to appellee, it will render unnecessary the decision of the second question. We have no hesitancy in saying, as a question of law, that it is not negligence, per se, for a railroad company to have attached to its passenger train one or more vestibule cars, whose doors are closed and locked. We find no authority in the books' in support of this proposition, but it is certainly sound in theory and principle. If this were not true, a railroad company would not have the right to draw private cars attached to one of its passenger trains, and yet we know from common knowledge and observation that it is constantly done. Where a private car is attached to a passenger train, and occupied by a
As to whether such act constitutes actionable negligence must depend upon the circumstances, conditions, and surroundings in each particular case. As to whether the facts averred in the complaint, and found by the jury, in the present case, constituted actionable negligence, we must look to the special verdict. Prom it we learn that appellant’s train was scheduled to leave Aurora on its return trip to Lawrenceburgh, etc., at 6 o’clock p. m.; that at least ten minutes before leaving'time, the train was pulled up in front of the station platform for the reception of passengers; that the train consisted of a locomotive, tender, baggage car, and five coaches; that the station platform is eighty feet long; that the smoking car and ladies’ coach'were immediately in front of the platform, with their doors open; that at the rear door of the smoking car and front end of the ladies’ coach, a brakeman was standifig on the platform, to assist passengers to enter; that the conductor was standing near the east end of the platform; that the two rear coaches were
If, under the facts charged, and found by the jury, such act of appellant in having the doors of the cars locked, was negligence, and such negligence was the proximate cause of the injury to the appellee, then his cause of action is well grounded, and the judgment in his favor must stand, unless it clearly appears that his own negligence contributed to his injury.
Appellee contends that when a duly equipped passenger train of cars is placed upon a railroad track, under circumstances indicating that it is ready to receive passengers, and is about to proceed on its way for the transportation of passengers, an invitation to all suitable persons to enter the cars and to become passengers over its line is thereby implied, and in sup
In the opinion, we find the following language: “When a" duly equipped passenger train of cars is placed upon a railway track, under circumstances indicating that it is ready to receive passengers, and that it is about to proceed on its way for the transportation of passengers, an invitation to all suitable persons to enter the cars and to become passengers over its line is thereby implied. This doctrine is in principle well sustained by the authorities.”
Following the above quotation, 1 Thompson, Neg. 307; Nave v. Flack, 90 Ind. 205, and Terre Haute, etc.,
These cases certainly announce the law, as applied to the facts therein stated. The learned judge who wrote the opinion in the Citizens’ Street R. W. Co. v. Twiname, supra, in using the language we have quoted, used it with reference to the particular facts in that case, and the rule there announced was not intended" as an abstract proposition of law, applicable alike to all classes and character of railways.
We know that railway trains running on the same track, but in opposite directions, must pass each other at switches or sidings; that when a train which carries passengers, properly managed by an engineer, fireman, conductor, brakeman, etc., is placed upon a sidetrack, that another train may pass upon the main track, ■ or for any other legitimate "purpose, in the operation of the road, it may truthfully be said that such train is duly equipped; that it is about to proceed upon its way, that it is ready to receive passengers, and yet such conditions and circumstances are not an invitation to “all suitable persons to enter the cars and become passengers, etc.” Nor would it be an invitation to passengers to enter a duly equipped railway train, midway between two stations, should such train for any cause be required to stop there. We declare the law to be, both upon principle and by the adjudicated cases, that an invitation is only extended to persons to enter and become passengers upon a railway train, when such train has been brought to a full
To support this contention appellee cites Stoner v. Pennsylvania Co., 98 Ind. 384. That case and the one in hand are not in ° any sense analagous. The question decided in that case was that the court could not declare, as a matter of law, that it was negligence for appellant to get on the train at a place other than at the platform provided for that purpose. We are now considering the question of the negligence charged against appellant in having the doors of its .cars locked, and not the negligence of the appellee.
The facts found by the jury fail to show any reason
A passenger platform at or near a railroad depot or station where passenger trains are scheduled to stop, and do stop, to receive and discharge passengers, is an indication and guide that that is the proper place provided by the railway company for all persons seek
The judgment is therefore reversed, with directions to the court below to sustain appellee’s motion for judgment in favor of the appellant.
Black and Comstock, JJ., concur in the conclusion reached.