82 S.W.2d 221 | Ky. Ct. App. | 1935
Affirming.
J.A. Schooler has appealed from a judgment entered on a direct verdict against him.
Bettie Chestnut used this line for three years in going to and from her work, and she testified that almost every night things were thrown into the traction cars at or near this place. She reported these occurrences to the motorman and on one occasion to the agent at the ticket office at Third and Chestnut in Louisville.
Gertrude Ray testified she lived in Louisville and for 21 years had worked for a Mrs. Arnold out in this neighborhood and gone back and forth on the traction cars, and that at or near this station many times rocks, fruit, vegetables, dirt, roots, etc., were thrown into the cars, and that this has happened for 15 years. She reported this to the motorman but no one else.
E.T. Dawson testified about material that was thrown into the car at the time Schooler was injured, and that once before, when he was a passenger, material was thrown into the car at or near this same place.
Schooler in the days of his independence had frequently used this line, but this is the first time material had been thrown into the car to his knowledge.
In Yellow Cab Co. v. Carmichael,
In Dufur v. Boston Maine Ry. Co.,
In none of these latter cases, however, do we find where the passenger's recovery has been affirmed. The law is not found in what courts may say in their opinions, but in what they do and must say in their doing. Appellant's counsel have worked hard on their brief and have collected many things that courts have said in passing, but they have found nowhere anything done by a court that persuades us the trial court acted incorrectly.
Judgment affirmed.