Montgomery City Lines v. Callahan, 3 Div. 434.

• Decision Date: 24 May 1945
• Docket Number: 3 Div. 434.
• Citation: 22 So.2d 339,247 Ala. 23
• Parties: MONTGOMERY CITY LINES, Inc., v. CALLAHAN.
• Court: Alabama Supreme Court

22 So.2d 339

247 Ala. 23

MONTGOMERY CITY LINES, Inc., v. CALLAHAN.

3 Div. 434.

Supreme Court of Alabama

May 24, 1945

Appeal from Circuit Court, Montgomery County; Eugene W. Carter Judge.

Steiner Crum & Weil, of Montgomery, for appellant.

Hill, Hill, Whiting & Rives, of Montgomery, for appellee.

BROWN Justice.

The plaintiff had judgment for damages in the sum of $2500 for personal injury alleged to have been inflicted on her as a proximate consequence of the negligence of the defendant's agent or servant, acting within the line and scope of his authority, in driving one of defendant's busses 'over or against plaintiff,' severely bruising, lacerating, and injuring her.

The assignments of error complain of the rulings of the court in refusing the affirmative charge requested in writing by the defendant, in overruling its motion for a new trial, and in allowing plaintiff's counsel on the cross examination of the witness McDonald, the driver of said bus, to interrogate him in respect to passing cards to passengers on the bus after the injury to procure their names and addresses, as prospective witnesses in case of litigation following said injury.

On the trial all the facts and circumstances bearing and attendant upon the infliction of the injury upon the plaintiff, for which redress is sought, were fully developed, including the environment of the occurrence and all of its concomitant and pertinent antecedents, and the manner of its causation. The testimony of the witnesses offered by the plaintiff and the defendant touching the issues in the case is in irreconcilable conflict.

The testimony offered for the plaintiff goes to show that while she was standing on the edge of the curb within the white lines, marking the lane of travel by pedestrians across Dexter Avenue, with her attention directed east toward the Capitol the defendant's bus, coming from Montgomery Street via Court Street Fountain into Dexter Avenue, struck her on the left side, swept her to the street surface, where the right front wheel of the bus passed over her foot, severely crushing the same, and otherwise injuring her, necessitating her hospitalization and medical treatment through several months; that she was compelled to use crutches for many months and still suffers from the injury; that the toes which were crushed, have a tendency to protrude upward. Her foot was exhibited to the jury during the trial.

The testimony offered by the defendant, on the other hand, goes to show that while the bus, after stopping for the red light was pulling into the loading zone located on Dexter Avenue at the corner of Dexter Avenue and Court Square, and just as the middle portion or rear part of the bus was passing over the lane of travel for pedestrians, the plaintiff stepped off of the curb into the side of the bus immediately in front of the rear right wheel, which passed over and injured her foot. That the front end of the bus did not strike her and she was not observed by the bus driver in a place of danger. A number of the passengers who were on the bus testified that they did not see the accident, but heard the noise or bumping sound in the rear when the plaintiff and the bus came into contact. One witness, a passenger on the bus, testified that he...