Bryant v. Omaha & C. B. Ry. & Bridge Co.

• Decision Date: 23 May 1896
• Citation: 67 N.W. 392,98 Iowa 483
• Court: Iowa Supreme Court
• Parties: BRYANT v. OMAHA & C. B. RAILWAY & BRIDGE CO.

98 Iowa 483

67 N.W. 392

BRYANT

v.OMAHA & C. B. RAILWAY & BRIDGE CO.

Supreme Court of Iowa.

May 23, 1896.

Appeal from district court, Pottawattamie county; N. W. Macy, Judge.

Action to recover damages for a personal injury sustained by the plaintiff while traveling as a passenger on the defendant's railroad. There was a trial by jury, and a verdict and judgment for the plaintiff. Defendant appeals. Affirmed.Wright & Baldwin, for appellant.

Flickinger Bros., for appellee.

ROTHROCK, C. J.

It appears from the evidence in the case that on the 31st day of May, 1893, the plaintiff was severely injured while riding on the defendant's electric motor line, by reason of a collision of the car in which she was riding with a train at a crossing on another railroad. The collision and the injury to the plaintiff were described as follows in her examination as a witness on the trial: “Live at Council Bluffs, Iowa. On May 31, 1893, the members of our family were father, mother, brother, and younger sister. At that time I was stenographer for the Rock Island Railway, at the freight depot, and was getting $50 a month; and in addition I was doing job work, writing articles and notes for different parties, and making from $20 to $25 a month besides. Had been working for the Rock Island about three months. The usual way for me to go to my office was by the defendant's electric motor line. I went on the line four times a day. On the afternoon of the 31st of May, 1893, when this accident occurred, I got on the car at the Methodist Church, and nothing of note happened until we got to the Chicago, Burlington & Quincy Railroad tracks on Main street. When we arrived there I was sitting with my arm on the window sill, and looking at the back door of the car. In crossing over the tracks the freight cars were backing, and they struck the car about the center, and threw Mr. Holmes and Mr. Bixby across the aisle. I think they came to the other side of the car, and they were in some manner thrown out. There was a portion of the car that I was sitting in left or remaining, and with the crush came a piece across my chest, and pinioned my arms so that I could neither move my shoulders nor my arms. It was so heavy it felt as if it would crush my breath right out of me. Subsequently there was a piece of timber caught both of my limbs, from below the knees down, and I could not move hand or foot. The seat I was sitting on gave way, and there was a second jar that loosened my arms and the timber in front of me in such a manner that I had partially loosened one arm,--the left one,--and then I was thrown out through the glass and broken timbers onto the stone pavement, with my face towards the wreck. I attempted to get up, and saw my face and hands were bloody, and I couldn't breathe, and the pain was intense and severe. Tried to use my limbs. Could not stand, and was falling, when some one caught me. I was carried into Bradley's, and that is all I remember. The blood that was on me was that of others. I think it came from Mr. Holmes, who was killed. I do not remember anything after I was taken into Bradley's until I got home and was in bed. I could not breathe then. The pain in my limb was intense. The left limb received a puncture,--a hole. I was confined to my bed five or six weeks. Dr. Macrae was my physician. This trouble and difficulty in breathing continued for five weeks. It was six weeks before I could sit up in a chair. When I first tried to walk I had the assistance of two members of my family. The pain in my left limb continues up to this day. It has lamed me. I limp when I walk. Cannot use it the same as the other now. There is pain, continual pain,--more in damp weather,--and it interferes with my work. I cannot work. The pain is constant. I have pain in my chest, on leaning forward or raising my arms to my head. When I sit up it does not pain me. Have only been able to wear a corset since for short periods. Changes in the weather affect my limb. Used a crutch or cane two months. Tried to go to work about the middle of September, 1893. The condition of our financial affairs--my mother being sick--was such that I was compelled to. I worked until the 1st of November. Had to quit then on account of suffering. I went to Macrae each noon for treatment for my limb. I have not performed any regular work since. I was compelled to hire a nurse to wait on me for six or eight weeks, and paid her $12 a month. Bill for medicine has been from $50 to $55. I do not know what my physician's bill is. Dr. Macrae has attended me on an average once a week in the last six months. During my first illness he called three times a day, later twice, and lastly once; and of late I have gone to his office, or got prescriptions from him, for liniments for my limb, and applied it myself. I am using liniments on my limb at the present time. This pain in my limb is continual and intense all the time. It has been so...