199 Ky. 150 | Ky. Ct. App. | 1923
Opinion op the Court by
Affirming.
Appellee, Mrs. Maria T. Jones, who resided in Shelbvville, was in Louisville on October 1, 1920, and at about 5 o’clock p. m. boarded an electric car of appellant railway company, with a ticket, to be carried to her -home at Shelbyville. It was a- cold, windy evening and the car was not heated. She was thinly clad and had no wrap. A number of passengers were on the car at the time it left Louisville but they left the car at different stops until there were only- about a dozen passengers- when
At the conclusion of the evidence for the plaintiff and at the conclusion of all the evidence the railway company moved the court for a directed verdict in its favor, but this motion was overruled. Of this ruling it now complains. Its chief insistence is that there was no evidence
The general rule is that a railroad or a -street railroad company must provide for the comfort of its passengers by furnishing reasonable means for heating its cars and keeping them warm during cold weather, and if a common carrier fails to perform this duty and its passengers -suffer thereby and are made sick it is liable in damages. 10 Corpus Juris, p. 961; Southern Railway Co. v. Miller, 129 Ky. 98; L. & N. R. R. Co. v. Daughtery, 108 S. W. 336; C. N. O. & T. P. Ry. Co. v.
As the appellant company admits it did not have its car heated and did not have its waiting room at Scott’s Station heated so as to make it comfortable for passengers, there was but one question for the jury to determine and that was whether the weather was- so cool as to cause the appellee Mrs. Jones to suffer from cold and to be made sick and bring about the results which she testifies, she suffered. The evidence was sufficient to carry the case to the jury and to support the verdict. It follows, therefore, that appellant was not entitled to a directed verdict in its favor.
It is argued with much show of reason that the damages awarded — $1,000.00—are excessive. But when it is considered that Mrs. Jones suffered physical pain and mental anguish on the night of her trip from Louisville to Shelbyville as the result of the failure of appellant company to exercise ordinary care for the comfort of its passengers, and appellee was thereby made sick and suffered from pleurisy for some weeks, we do not think it can be said of a certainty that $1,000.00 is an excessive allowance. Before this court can set aside a verdict on the . ground of excessiveness it must be made to appear at first blush that the allowance is out of proportion to the injury suffered and that the verdict is the result of passion and prejudice. Neither of these things appearing in this case, the verdict and judgment entered thereon will not be disturbed.
Judgment affirmed.