89 N.J.L. 273 | N.J. | 1916
1’he opinion of the court was delivered by
This suit was brought by the administrator of William Ryan, deceased, to recover damages for his death alleged to have been caused by the negligence of the defendant company.
Ryan, the decedent, a resident of New York City, was a passenger on the train of the defendant company running from Jersey City to Forty-ninth street, Bayonne, and points beyond, and due to arrive'at Forty-ninth street at eleven-six p. M.
He alighted at the latter station and was killed by an express train running in the opposite .direction. This express did not stop at Forty-ninth street, but by its running time was due to pass there about eleven-seven p. m.
The station building at Forty-ninth street is on the west side of the tracks. There are four tracks there. The two nearer the station building carrying the trains from Jersey City; those upon the other side carrying the traffic to Jersey City.
The train from which the decedent alighted was a local train running upon the second track, counting from the station building. The train which struck decedent was running upon the third track.
Aside from the light which came from the station window, the only illumination at the station at the time came from four gas lights of the ordinary gas-tip-burner type, one at each corner of the station building. Across the tracks, on the easterly side, some distance away, was the Pennsylvania railroad yard, with lights here and there, presenting at night somewhat the appearance of a built-up section. In front of the station, opposite the bay window, there was a plank walk eight feet wide running across the tracks from the station to the westerly rail of the far track. The remaining space in front of the station was filled in with cinders between the tracks and rails. There was no fence or gates between the tracks, no tunnel, nor overhead bridge. There was a crossing bell at the station which rang for trains coming from Jersey City but not for trains going towards Jersey City.
The decedent got off the train on the side opposite the station building: When struck he was upon the plank walk extending across the track on which the express train was
The trial resulted in a verdict for the plaintiff and the defendant appeals from the consequent judgment.
The sole complaint now is that the trial judge declined to nonsuit and to direct a verdict for the defendant.
We are of the opinion that such motions were properly-denied.
It is admitted that the decedent was a passenger upon the defendant’s train.
The relation of carrier and passenger, when established, does not terminate until the passenger has reached his destination and alighted from the train upon which he has been riding, and has had a reasonable time and opportunity within which to leave the place where the passengers are discharged. Delaware, Lackawanna and Western Railroad Co. v. Trautwein, 52 N. J. L. 169.
Consequently it is the duty of a railroad company to use reasonable care to provide its passengers a safe place and way to alight at the place of destination, and the company is liable for an accident happening by reason of the neglect of such duty, to a passenger who has alighted from a car at rest in a station, and before he has had a reasonable time and opportunity to leave the premises of the company, if the circumstances are such as to induce the passenger to believe that it was safe for him to alight at the place and in the way he did. Folk v. New York, Susquehanna and Western Railroad Co., 56 N. J. L. 380; Delaware, Lackawanna, and Western Railroad Co. v. Traulwein, 52 Id. 169.
Tested by this rule we think the question of the liability of the defendant company was for the jury.
It was admitted that the train upon which decedent was riding had stopped at the station for the purpose of discharging passengers. Whether the circumstances were such as to induce the decedent to believe that it was safe for him to get off the train on the side away from the station building was a jury question. The evidence tended to show that he was not familiar with the station or its surroundings. It is
But we think that it did not conclusively appear that the decedent had ceased to he a passenger.
The defendant rests its contention in this regard entirely upon the claim that it conclusively appeared that the express passed the Forty-ninth street station three minutes after the local, upon which decedent was a passenger, had pulled out. But this contention is not well founded in fact. It did not so conclusively appear. Ho witness assumed to definitely fix the time of passing of the express with relation to the clearance of the local. There was evidence that the local was due at Forty-ninth street ai eleven-six p. m. ; that the express was due to pass Eighth street at eleven-two p. at., and generally took about five minutes to run to Forty-ninth street, which would bring it to Forty-ninth street about eleven-seven p. m. or just about the time the local was discharging its passengers. This was the testimony of the company’s engineer. The witness Kiernan testified that there was usually about thirty seconds between the passing of these i rains at the Forty-ninth street station. This and other evidence, which it is unnecessary to quote, permitted of the inference that the express passed at the time, or very shortly after, the local discharged its. passengers.
Ooncededly the decedent alighted upon the planked way. This led across the track upon which the express was coming. It was a fair inference that decedent was either crossing or momentarily hesitating, trying to find his way in the dark.
If the train from which he had alighted had not yet pulled out, of course the argument of the defendant upon this phase of the case has no basis for its support. If it had pulled out, a jury question was presented. The rule is this: Whether a person who has alighted from a standing train at a, station, and who is crossing the railway tracks by a planked way provided by the company for that purpose, after the train from
We conclude, therefore, that the case was properly submitted to the jurjc
The judgment below will be affirmed, with costs.
For affirmance—The Chancellor, Chiee Justice, Garrison, SWAYZE, TRENCHARD, PARKER, BERGEN, MlNTURN, Kalisch, Black, Terhune, Heepenheimer, Williams, Taylor, Gardner, JJ. 15.
For reversal—None.