Callis v. United Rys. & Electric Co.

• Decision Date: 26 April 1916
• Docket Number: 44.
• Citation: Callis v. United Rys. & Electric Co., 97 A. 715, 128 Md. 406 (Md. 1916)
• Parties: CALLIS v. UNITED RYS. & ELECTRIC CO.
• Court: Maryland Supreme Court

97 A. 715

128 Md. 406

CALLIS v. UNITED RYS. & ELECTRIC CO.

No. 44.

Court of Appeals of Maryland

April 26, 1916

Appeal from Superior Court of Baltimore City; Morris A. Soper Judge.

Action by George R. Callis against the United Railways & Electric Company, a body corporate. Judgment for defendant, and plaintiff appeals. Affirmed.

Edgar Allan Poe, of Baltimore (Bartlett, Poe, Claggett & Bland, of Baltimore, on the brief), for appellant.

Joseph C. France, of Baltimore (J. Stanislaus Cook and Albert R Stuart, both of Baltimore, on the brief), for appellee.

PATTISON J.

The action in this case was brought to recover damages for personal injuries sustained by the appellant, caused, as it is alleged, by the negligence of the appellee company. On the morning of January 6, 1914, the appellant, then secretary and treasurer of the United States Fidelity & Guaranty Company took a car of the defendant at his home near Catonsville for his office in the company's building, located on the southwest corner of German and Calvert streets, and extending westward on German street to Grant street or alley, which is between Light and Calvert streets, and about 100 or 125 feet from Calvert street. The plaintiff on this occasion was later than usual in leaving his home, and because of this fact he was in a hurry to reach his office. The car, after passing Light street, going east on German street slowed down as it approached Grant street, because of obstructions in the street, consisting of a car, standing at the regular stopping point at the southwest corner of Calvert and German streets and a wagon behind it. In his testimony the plaintiff stated:

That about the time the car reached a point opposite the door of the Fidelity & Guaranty Company's building he went out upon the platform. The car then, he says, was "going very, very slow. I stepped down on the platform at the rear entrance and had hold of the handrail, and was about to swing off the car when all of a sudden there was a jolt, the car going ahead, and the result of it was that I was thrown up east on German street and beyond the rear end of the car, and some distance out into the street." The car at this time "had not entirely stopped, but was moving very slowly. The fact it was moving so very slowly was why I did start to get off." He was then asked, "Will you please tell us whether or not at the time you stepped off the car you believed the car was coming to a stop?" and he replied, "I never thought anything about it. Q. Will you tell us at what moment of time the car suddenly started forward, that you have already testified to, with reference to the time of your stepping off the car? A. When I started to get off the car, I got about halfway off-- Q. How do you mean? A. I started to get off the car in a proper way, stepping back in the rear, and while I was holding onto the car, half of my weight was outside that car, and when she plunged ahead I used all my strength to keep on the car, but, being a big man--I weighed over 200 pounds --my strength was not equal to it, and, instead of stepping backwards, the jolt of the car going ahead threw me forward, I went ahead in the same direction the car was going, with the consequent result that I was dumped in the street. Q. When the car started ahead that you spoke of, had you or not actually stepped from the car? A. I had not gotten off the car. Q. Did I understand you to say that one foot was on the around? A. No; I did not say that. I do not think so. Q. At the time you were thrown from the car where were your feet? A. On the lower step of the rear platform."

At the time he fell from the step of the car he states that he was holding onto the handrails, the right hand upon the front rail and left upon the rear rail, facing towards Calvert street; and, when asked to describe the movement of the car, he said it was "just a sudden jerking forward." There was no other evidence offered by the plaintiff, as to how the accident occurred.

Mrs. Maggie Sommerwerck, a witness for the defendant, testified:

That she was a passenger on the car at the time of the accident, and saw the plaintiff when he stepped from the step of the car, "and as quick as he stepped off he fell," but at such time she noticed nothing unusual in the movement of the car.

James W. Richardson, also a passenger on the car at the time of the injury to the plaintiff, testified that while the car was proceeding very slowly, going east on German street, he arose to leave the car at Calvert street. He saw Mr. Callis (the plaintiff) start to leave the car. At the time witness was standing in the car holding onto a strap. Plaintiff got off the car about opposite the entrance to the United States Fidelity & Guaranty building, and while witness did not see plaintiff's feet, he thinks he felt after he had alighted from the car. The entrance to said building is about two car lengths from the corner.

The witness Staum, also a passenger seated near the front of the car, did not see the plaintiff while he was in the act of alighting from the car, but testified at that time the car was in motion, although proceeding slowly, and did not recall that at such time there was any jarring, jerking, or jolting of the car.

Frank E. De Lat, the conductor on the car upon which the plaintiff was a passenger, testified:

"That the accident happened about 50 feet east of Grant street, a little to the west of the entrance of the United States Fidelity & Guaranty building; that the current was shut off at Grant street, and that the car was drifting; that the plaintiff jumped off the car while it was in motion, and ran towards the entrance of the United States Fidelity & Guaranty building, and was injured by slipping in a depression in the street near the curbstone; that the plaintiff had been a passenger in his car a number of times, and had frequently gotten off the car while in motion, opposite the entrance of the United States Fidelity & Guaranty building; and on one occasion he had warned him that it was dangerous for a man of his age to do this, and that the plaintiff had replied, 'Another conductor gone nutty;' that immediately preceding the accident he warned

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