106 N.Y. 136, Lafflin v. Buffalo & S.W.R. Co.

Citation:106 N.Y. 136
Party Name:ALICE LAFFLIN, Respondent, v. THE BUFFALO AND SOUTHWESTERN RAILROAD COMPANY, Appellant.
Case Date:June 07, 1887
Court:New York Court of Appeals
 
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Page 136

106 N.Y. 136

ALICE LAFFLIN, Respondent,

v.

THE BUFFALO AND SOUTHWESTERN RAILROAD COMPANY, Appellant.

New York Court of Appeal

June 7, 1887

Argued May 9, 1887.

Page 137

COUNSEL

George C. Greene for appellant.

Wm. S. Oliver for respondent.

Page 138

EARL, J.

This action was brought to recover damages for injuries sustained by the plaintiff in alighting from one of the defendant's cars, and the circumstances of the accident are as follows: The train in which she was a passenger reached the station at Dayton, in this State, on the 20th day of January, 1880, at eight o'clock in the evening, and she left the car for the purpose of changing to another train at that place, and in her effort to step from the car to the station platform, she fell between it and the car, and sustained the injuries of which she complains. She alleges that the space between the platform and the car was too great, and that in consequence thereof, when she stepped off from the car, she failed to reach the platform, and was thus caused to fall. There is no complaint that the platform was out of repair, or that it was improperly constructed. The only complaint is that it was too far from the car. The platform was two and one-half feet higher than

Page 139

the top of the iron rail, and about three feet above the top of the ground. The distance between the outer line of the car and the platform was eleven inches. There were three steps at the end of the car, and the lower one was eight inches below the top of the platform and one foot and seven inches from the side thereof. The second step was two feet and two inches from the side of the platform and about four inches lower than the top thereof. The height of the platform of the car above the iron rails was about four feet. The plaintiff passed out of the car on to the car platform and then to the second step, and without having hold of the iron railing on either side and without looking to see the station platform she stepped out, and failing to reach it, fell.

There was no proof that the platform was not constructed in the ordinary way, nor that the space between it and the car was any greater than the exigencies of the business and the operations of the railroad required. There was no evidence that any accident had ever happened at that station before on account of the construction of the platform, or that there had ever...

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