32 Minn. 404 | Minn. | 1884
This action is for damages for injuries received by plaintiff while a passenger upon one of the defendant’s street cars, in the city of Minneapolis. The accident occurred from the contact of plaintiff’s hand', which was partly outside the open car window, with upright planks placed by the city near the track while in the construction of a sewer across the street and under the track. The evidence is conflicting as to the degree of proximity of the sewer planks to the body of the passing car, but we think there was evidence in plaintiff’s behalf, for the jury, tending to show that the car ran very close and
1. The defendant, as a carrier of passengers, was bound to exercise extraordinary care, and liable for slight neglect, and the question •of negligence in the management of the car on approaching an obstacle which might graze or come in such close proximity to the car as to be dangerous, would naturally be .for the jury, and we think it was properly submitted to them in this ease; for, independently of contributory negligence on the part of a passenger, he mightj by a jolt of the car or for other justifiable reason, temporarily expose a hand or limb beyond the limits of the car, and be injured. Dickinson v. Port Huron & N. W. R. Co., 18 N. W. Rep. (Mich.) 553.
2. The principal question in the case is presented by the defendant’s exceptions to the rulings of the court upon the question of the plaintiff’s alleged contributory-negligence in temporarily extending his hand or fingers over the edge .of the window-sill. The court charged •-the jury that “as a general proposition of law, if aman should thrust
We are not prepared to say, assuming plaintiff’s version of the case to be true, that the court erred in holding that, if the conduct of plaintiff was negligent, it was an inference to be drawn by the jury and not by the court. By this the court did not imply that plaintiff’s conduct was not negligent, but that it was not necessarily or conclusively such. A very careful or thoughtful person would be likely to refrain from such an act, while it is not so clear that, in the judgment of a majority of ordinarily prudent men, the conduct of the plaintiff, as testified to by him, would, in itself, be careless or unauthorized. A passenger is to be allowed a reasonable measure of liberty in the position assumed by him in taking or occupying his seat. He is expected to exercise care commensurate with the danger to which he may be exposed; but the degree of care to be exercised on a particular occasion is generally a question of fact for the jury. Stackus v. N. Y. C. & H. R. Co., 79 N. Y. 464. Thus, whether the act of standing on the platform of a street car, or of getting on or off such car while in motion, is negligence, is held usually to be for the jury under the circumstances of each case. Whart. Neg. §§ 365, 370; Meesel
It must also be considered that in order to the successful operation of ears there must be a reasonable space, on each side, between them and any structures or obstacles in the street, to accommodate their movements caused by irregularities or impediments on the track; and that as respects danger from collision with such structures, it is ordinarily easily averted in the case of street cars, which run at a moderate rate of speed, and are readily controlled. Lynam v. Union Ry. Co., 114 Mass. 83; Thomp. Carr. 258, 446. The question of the passenger’s negligent conduct must be largely affected by the circumstances of each case, including any indications of danger from obstructions, or interruptions, from whatever cause, which might influence the conduct of a prudent person. But in Todd v. Old Colony & F. R. Co., 3 Allen, 18; s. c. 7 Allen, 207, it was unqualifiedly ruled that voluntarily suffering an arm or any part of it by a pías
3. It appeared that the plaintiff was a laboring man, and had been laid up for some weeks and unable to do anything. These facts were proper for the jury to consider, in respect to the extent and character of the injury, in their general estimate of damages. No claim for special damages was made in that behalf.
Order affirmed.