151 Mo. App. 432 | Mo. Ct. App. | 1910
Action by a passenger against a common carrier to recover damages for personal injuries alleged to have been caused by the negligent breach of the carrier’s duty to provide a reasonably safe landing place for the passenger at the end of the transportation. The defense is a general traverse and a plea of contributory negligence. The trial court sustained a demurrer to plaintiff’s evidence and in obedience to a peremptory instruction the jury returned a verdict for defendant. Afterward the court sustained a motion for a new trial filed by plaintiff and defendant, dissatisfied with this ruling, brings the case here by appeal. In the order granting a new trial the ground of the ruling is not stated and the question for our decision is whether or not the evidence of plaintiff is sufficient to carry to the jury the essential issues of facts raised by the pleadings.
The injury occurred in the morning of April 9', 1908, at defendant’s city depot in Cameron. Plaintiff, "
‘ ‘ Q. Did you let loose of that car before your feet struck the ground or afterwards? A. "Well, I held it as long as I could. I don’t know whether I let loose of it or not.
“Q. You didn’t try to drop your grip? A. No, sir, I didn’t want to drop my grip. I wanted to hold on to it.
“Q. It was a very heavy grip, wasn’t it? A. Yes, sir, it was.
“Q. Why didn’t you put it down before you got off? A. Because I had some things I was afraid would break. I thought I could get off all right.”
The other passengers alighted without difficulty, the woman seventy-one years old following plaintiff. The trainmen left the car to attend to the freight business without offering to assist the passengers, nor was their assistance requested by plaintiff who, of course, knew her condition while the trainmen did not know of any special need for assistance on her part.
The contract entered into by defendant as a common carrier for hire bound defendant to exercise.the highest degree of care not only for the safe transportation of plaintiff from Winston to the Cameron City depot, but also to give her a reasonably safe place at that station in which to alight from the car in which she was riding. [Fillingham v. Transit Co., 102 Mo. App. 573, and authorities cited.] In that ease Judge Goode said:
In the performance of this duty it was not imperative that the car in which plaintiff was a passenger should be stopped at the platform. Very often passenger trains are too long for all of the cars to be stopped at one time alongside the platforms at any but the largest stations. And with respect to mixed trains, the proper dispatch of the business of the train frequently demands that the passenger vehicle, which is usually at the end of the train, be stopped some distance away from the platform. “Where a freight train is accustomed to discharge its passengers at some place other than the platform, or where it is impracticable for it to reach the platform with the caboose or car in which passengers are carried, the passenger may be required to leave the train at some other appropriate and convenient place.” [2 Hutchinson on Carriers (3 Ed.), 1326.]
We think defendant had the right to stop the train where it did, provided it offered the passengers a rea
There is nothing in the suggestion that the trainmen should have offered to assist the passengers in alighting. We said in Young v. Railway, 93 Mo. App. l. c. 273: “It is not the duty of a railway company’s employees to assist its passengers in getting on and off its cars in all cases. If egress or ingress is easy, assistance cannot be claimed by a passenger as a matter of right. ’ ’ And further it was said, in the same case: “We know of no law, nor has our attention been called to any which required the defendant to furnish portable steps for the use of its passengers in entering or leaving any of its cars. If it did furnish such steps, it was but a self-imposed duty for the violation of which there could, of course, be no liability. [Baring v. Railway, 126 Mo. 392.]”
Had plaintiff requested assistance, doubtless, it would have been freely rendered but with every appearance of ability to alight in safety and. with no suggestion of being in a condition that would make unusual exertion harmful, we think plaintiff’s mishap is conclusively shown by her own evidence to have been the result of her own negligence in alighting and
It follows that the learned trial judge erred in granting a new trial. The judgment is reversed and the cause remanded with directions to enter judgment for defendant.