Bishop v. St. Paul City Ry. Co.

• Decision Date: 14 January 1892
• Citation: 50 N.W. 927,48 Minn. 26
• Parties: BISHOP v ST. PAUL CITY RY. CO.
• Court: Minnesota Supreme Court

48 Minn. 26

50 N.W. 927

BISHOPvST. PAUL CITY RY. CO.

Supreme Court of Minnesota.

Jan. 14, 1892.

(Syllabus by the Court.)

1. Evidence held to justify a finding of negligence in respect to the condition or operation of a train of passenger street-cars (a cable line propelled by steam) which, while carrying passengers, ran down a steep declivity, composing a part of the line, at very great and dangerous speed, and apparently beyond the control of those operating the train.

2. Evidence held to justify a finding that injuries received by the plaintiff, manifested immediately by temporary unconsciousness, by headache, nervousness, sleeplessness, and some impairment of mental faculties, was also the cause of his paralysis, although that did not supervene until seven months after the injury.

3. From the mere fact that, by their verdict, the jury assessed the plaintiff's damages at a specified sum, “plus” another specified sum, which latter amount was the same as that demanded in the complaint for special damages, it is not to be conclusively inferred that this was awarded by the jury as special damages.

4. The court having assumed to incorporate in its charge to the jury several requested instructions, and having announced to counsel that such requested instructions had been given, an exception to “any qualification” of the requested instructions is not sufficient to call attention to the fact that a qualifying word had been added in giving one of such requests.

5. If an injury is the direct cause of a diseased condition which results in paralysis, the latter may be ascribed to the injury as a proximate cause.

6. Application for new trial on alleged newly-discovered evidence held properly denied.

7. Verdict sustained as to amount.

Appeal from district court, Ramsey county; KELLY, Judge.

Action by William W. Bishop against the St. Paul City Railway Company to recover for injuries received through defendant's negligence. Verdict and judgment for plaintiff. Defendant appeals. Affirmed.

Henry J. Horn, for appellant.

Munn, Boyeson & Thygeson, for respondent.

DICKINSON, J.

1. Attention will first be directed to the point as to whether the evidence justified the conclusion of the jury that the defendant was chargeable with negligence in respect to the conditions which resulted in the accident complained of. This occurred on the 27th day of January, 1888, on the defendant's cable line of street railway, which had been put in operation for the carrying of passengers only two days before. The motive power by which cars were propelled was a stationary steam-engine at the “power-house,” as it is called, at the western terminus of the line. An endless wire cable, passing around drums or wheels at the power-house, ran in a trench beneath the track to the eastern extremity of the line, and thence back to the power-house. The engine was intended to propel this cable (by means of the revolution of the drums or wheels around which it was wound) at a uniform rate of about eight miles an hour. The engine was provided with a “governor,” the automatic action of which was intended to preserve that rate of speed without variation. Two cars composed a train, the forward car, called the “grip-car,” open on all sides, but provided with seats for passengers, and behind it a closed passenger car which may be distinguished as the “coach.” The power for the propulsion of each train was applied by means of a clutch, or “grip,” as it is generally called, running in the trench, where it is made to grasp or clutch the moving cable, when it is desired to propel the train, or (going down hill) to restrain the speed of the cars, so that it shall not exceed that of the cable. To stop the cars, on level ground, the grip is released from the cable, and brakes applied to the cars. The grip is connected with the grip-car through a slot in the trench above the cable, and is operated in the grip-car by a lever by means of which, at will, the grip may be made to grasp or to release its hold on the cable. The grip proper consists of two “dies,” as they are called by the witnesses, one just above and the other just below the cable. By means of the grip-lever, these dies are pressed against the cable, so as to hold it firmly in their grasp, or are separated so that the cable runs freely between them. A few blocks east of the power-house the track, going east, descends a steep hill, at a grade of 16 feet in a hundred feet for a distance of four or five hundred feet, and at the foot of the steep declivity there is a sharp curve, the radius of which is variouslygiven as 133 and 150 feet. The descent of this hill should be made at a speed not greater than that of the cable, which should be held fast by the grip, the brakes being also applied to aid in thus restraining the speed. On the occasion in question the train in which the plaintiff was a passenger ran down this hill at an extraordinary rate of speed, different witnesses estimating the speed at from 25 to 60 miles an hour. When the curve was reached the coach was thrown over on its side, and dragged a considerable distance in that position. There was some conflict in the evidence, as might be expected, as to some of the circumstances, while there was no controversy as to the general fact as above stated. There was evidence going to show that, even before the steep hill was reached, and on the more gradual slope by which it is approached, the cars commenced going at an unusual and increasing rate of speed; and there was abundant evidence that, as they passed over the brow of the steep hill, they started down with very great, and apparently unrestrained, velocity, which increased until the curve was reached, and that the efforts of those in charge of the grip-car to check the speed were without any apparent effect. Some witnesses say that the train was partly down the hill before control of the speed of the train seemed to be lost. It appears, also, that on the previous trip made by this grip-car a new die had been put in, which had worked loose during that trip, and that before the train left the power-house on...