93 Ky. 116 | Ky. Ct. App. | 1892
delivered the opinion op the court.
The appellee was a.passenger on the appellant’s passenger train from Louisville, Ky., to Lebanon, Ky. The train arrived at Lebanon about eleven o’clock at night. The platform of the depot at Lebanon is on the left hand side of the track. There was, at one time, an old platform on the right hand side of the track at said depot, which was removed by the appellant about a year before the happening of the accident complained of; and the place was leveled off and cinders placed upon it. The appellee, before the old platform was removed, had
It appears, however, that the appellee, who was familiar with the depot grounds, and others who were familiar with it, had sometimes, as a matter of convenience to themselves, gotten on and off the train on the right hand ■side. It also appears that the train stopped at the depot at least four minutes.
The court, upon the foregoing facts, at the instance of
The first of the foregoing instructions is taken verbatim from 2 Wood on Railway Law, section 310, page 1166. But the same author, in speaking of the duty of the company in reference to its passenger depots and platforms, •explains the rule thus given as follows: “ But where the company has a platform and other facilities for entering and leaving the cars with safety on the depot side of the track, the failure to have the opposite side likewise prepared a3 a place for entering and leaving the ears can not be regarded as negligence; it may select and adhere to such arrangement of its depots and platforms as it may •see fit, if those made are safe and commodious.”
The foregoing rule is so well and uniformly sustained by the authorities, and is so full of practical wisdom— •doing even-handed justice both to the company and passenger — we do not hesitate to adopt it.
Here the company’s platform was on the left hand side of the track, and it was “ safe and commodious ” and well lighted; and the appellee, by the use of ordinary prudence, could have left the cars and depot grounds with
The judgment is reversed, and the case is remanded with directions for further proceedings consistent with this opinion.