137 Minn. 275 | Minn. | 1917
This is an action to recover for personal injuries sustained by the plaintiff in a collision between an auto bus in which she was a passenger and an electric car of the defendant Mesaba Railway Company
The court charged the jury that the negligence of the driver of the auto bus was not imputed to the plaintiff. This was concededly correct. It submitted to the jury in its general charge the question whether the plaintiff was guilty of negligence contributing to her injury. The plaintiff urges that there was no evidence reasonably supporting a finding that she was negligent and that the submission was error. This is the only question.
The defendant company operates a single track electric railroad running east and west along the Mesaba Range. In passing through the village of Buhl it crosses Wanless avenue, which runs north and south, substantially at right angles. As it enters the avenue from the east it curves slightly to the south and travels a public street or highway as it goes west. In the forenoon of December 15, 1915, when the accident occurred, the plaintiff was a passenger in an auto bus driven by one O’Donnell going north on the avenue.- It collided with a westbound trolley car at the crossing and she was injured.. The bus, though it did not maintain an accurate schedule, made regular trips. It carried passengers for hire. It had seats extending lengthwise, one on each side, and accommodated 13 passengers. The driver sat on a cross-seat in front and at the left. The entrance for passengers was at his right. The car was inclosed and windows extended along the sides. The plaintiff sat on the right side and towards the front. This put her back toward the westbound car. There were three other passengers. She was talking with an acquaintance sitting opposite. She knew nothing of the collision until its occurrence. Cars passed Buhl each way every hour. The westbound ear was due 20 minutes after the hour and the eastbound. car 20 minutes before the hour. The plaintiff and the driver claim that the injury occurred somewhere about 10:30 in the forenoon and that the westbound car was late. The evidence of the defendants, which on this motion we assume to be correct, sustains its contention that it was on time or substantially so. The plaintiff knew the company’s time schedule. She had ridden in the bus often. She was a nurse and on this occasion was going to Kinney in response to an emergency call. She was Jn a hurry, having missed the earlier trip of the
Although the negligence of the driver is not imputed to the passenger, the latter is not relieved of the consequences of his personal or direct negligence. The eases are' collected in notes in 8 L.R.A.(N.S.) 597 and 671, and a supplemental note in L.R.A. 1915A, 761, 765. The eases in this state are cited in 2 Dunnell, Minn. Dig. §§ 7037, 7038 and Dunnell, Minn. Dig. 1916 Supp. §§ 7037, 7038. Howe v. Minneapolis St. P. & S. S. M. Ry. Co. 62 Minn. 71, 64 N. W. 102, 30 L.R.A. 684, 54 Am. St. 616, is the first case where the personal negligence of the passenger was considered in a case where it was held that the negligence of the driver was not imputed to him or at least the first one where the question was much considered. Kokesh v. Price, 136 Minn. 304, 161 N. W. 715, is the last. There are a score or more intervening. Of these Cotton v. Willmar & S. F. Ry. Co. 99 Minn. 366, 109 N. W. 835, 8 L.R.A. (N.S.) 643, 116 Am. St. 422, 9 Ann. Cas. 935, contains the most extended discussion of authorities. It is not our purpose to review them. They involve varied situations. Often the passenger is
An examination of the evidence brings us to the conclusion that the evidence does not sustain a. finding of negligence on the part of the plaintiff or justify its submission to the jury. If the jury had specially found that the defendants were negligent and that the plaintiff’s negligence contributed, its general verdict for the defendants ought not to be sustained. The situation before us is not in principle different. The plaintiff was not negligent in taking passage in the bus. She was not wanting in care in what she did or failed to do at the precise moment of the collision. She did not actually anticipate it. If negligent at all it was because she did not look and listen, or, hearing, did nothing to prevent the accident. It appears nearly conclusively that she did not hear. Considering the o-hftracter of the conveyance, her position in it
Order reversed.