Cavazos v. Geronimo Bus Lines

• Decision Date: 04 September 1952
• Docket Number: No. 5506,5506
• Parties: CAVAZOS v. GERONIMO BUS LINES, Inc.
• Court: New Mexico Supreme Court

Page 865

247 P.2d 865

56 N.M. 624

CAVAZOS v. GERONIMO BUS LINES, Inc.

No. 5506.

Supreme Court of New Mexico.

Sept. 4, 1952.

Gilbert, White & Gilbert, Santa Fe, for appellant.

Tibo J. Chavez, Belen, Joseph L. Smith, Lorenzo A. Chavez, Dale B. Walker, Albuquerque, for appellee.

COMPTON, Justice.

Appellee, plaintiff below, the surviving widow of Cruz Cavazos, deceased, the representative of his estate, and as guardian of their minor children, brought this action to recover damages for his alleged wrongful death from Geronimo Bus Lines, Inc., a corporation, Marvin J. Johnson, and Brown Brothers Construction Company, a corporation. The cause was thereafter dismissed as to the latter defendant.

Appellant is a common carrier for hire, operating motor busses between Albuquerque, New Mexico, and El Paso, Texas, over highway 85. Intermediate points are Los Lunas and Lemitar, the latter a village of approximately 250 inhabitants, where appellant maintains a bus stop, or depot, on the east side of the highway. The village of Lemitar parallels the highway a distance of some two miles but, due to a charge in the highway, lies to the east about one half mile. On the evening of July 21, 1950, about 9:00 p. m., Cavazos acquired transportation upon appellant's bus from Los Lunas to Lemitar to visit his mother whom he had visited in Lemitar on numerous occasions. He arrived at his destination at 10:30 p. m. About one half mile before reaching Lemitar, however, he went to the front of the bus and stood by the driver until it came to a stop. He informed the driver that he wanted to get off before arriving at Lemitar. The driver asked him to designate the place and he would comply with his request. It was dark and the bus station was not lighted. Cavazos was observed looking to the east, presumably to locate the village of Lemitar or the bus station, which is located about 100 feet east of the highway. As the bus proceeded south and as it was approaching a point west of the station, Cavazos requested the driver to let him off. The driver stopped the bus on the west side of the highway opposite its station, the left wheels remaining on the pavement some four feet. Cavazos was let out the front door, on the right side of the highway, off the pavement. Before stopping, the driver observed an automobile approaching from the south which he estimated to be about two miles away but he did not direct Cavazos' attention to it. As Cavazos alighted, he again noticed the approaching vehicle and that it was advancing at a rapid rate, about three quarters of a mile away. Thereupon the driver continued his trip to El Paso, not learning of the fatal injury for some two days thereafter. After alighting, Cavazos walked toward the rear of the bus and then proceeded in an easterly direction towards Lemitar. Necessarily, he had to cross the highway and as he did so the vehicle approaching from the south and driven by appellant Johnson struck him, causing the fatal injury.

The concurring negligence of Johnson and appellant's driver is alleged as a proximate cause of the injuries complained of. Negligence is predicated upon breach of duty in discharging the decedent from the bus on the west side of the highway and in failing to warn him of the approaching automobile. Issue was raised by a general denial. As a separate defense the contributory negligence of appellee's intestate is pleaded as a contributing and proximate cause of the alleged injuries.

The cause was tried to a jury and at the conclusion of the evidence, motion for a directed verdict was interposed, the denial of which, among other things, is assigned as error. The jury returned its verdict against appellants, and from the judgment following the verdict, an appeal was taken. Subsequently, however, satisfaction of judgment was entered as to appellant Johnson, and Geronimo Bus Lines, Inc., alone is seeking a review.

As grounds for a reversal appellant urges a number of specifications but the decisive questions are (a) whether there is any substantial evidence tending to establish negligence on the part of appellant Geronimo Bus Lines, Inc., and if so was such negligence a proximate cause of the injury, and (b) was appellee's intestate guilty of contributory negligence as a matter of law. In determining these questions we are guided by the rule that on motion for a directed verdict the evidence must be viewed in its most favorable aspect to support a plaintiff and where reasonable minds may differ as to inferences to be drawn or the conclusion to be reached from the evidence, it becomes a question of fact for the jury. Conversely, if the evidence is such that reasonable minds could not differ and a verdict for plaintiff could not be sustained then a directed verdict should be granted.

Thus, viewing the evidence, we see no breach of duty. So long as the relationship of carrier and passenger exists the carrier owes the passenger the highest degree of care for his safety and such relation continues until he is safely discharged from the conveyance of the carrier in a place where he may safely remain. The passenger having been thus discharged, it is not incumbent upon the carrier to warn him against the ordinary traffic hazards such as he may experience after leaving a place of safety. Concerning the question the authorities are harmonious. Lewis v. Pacific Greyhound Lines, Inc., 147 Or. 588, 34 P.2d 616, 96 A.L.R. 718; Southwestern Motor Carriers, Inc., v. Nash, 195 Okl. 604, 159 P.2d 745; Beeson v. Tri-State Transit Co. of Louisiana, 5 Cir., 146 F.2d 754; Chatterton v. Pocatello Post, 70 Idaho 480, 223 P.2d 389, 20 A.L.R.2d 783; Hudak v. Penn-Ohio Coach Lines Co., 73 Ohio App. 409, 57 N.E.2d 93; Jacobson v. Omaha & Council Bluffs St. Ry. Co., 109 Neb. 356, 191 N.W. 327, 31 A.L.R. 563; Lindgren v. Puget Sound International Ry. & Power Co., 142 Wash. 546, 253 P. 791; Mississippi City Lines, Inc., v. Bullock, 194 Miss. 630, 13 So.2d 34, 145 A.L.R. 1199; Larson v. City of Seattle, 25 Wash.2d 291, 171 P.2d 212; Williams v. East Bay Motor Coach Lines, Limited, 16 Cal.App.2d 169, 60 P.2d 320. Also, see 65 C.J.S., Negligence, Sec. 111(d); 13 C.J.S., Carriers, Sec. 724; 4 Blashfield Cyclopedia of Automobile Law and Practice, Sec. 2172.

The undisputed evidence disclosed that appellee's intestate sustained no injuries as a result of his leaving the bus at the place where it was stopped. He was not injured until he had left a place of safety and walked more than half way across the pavement and into the stream of traffic over which appellant had no control. Clearly, his injuries resulted either from his own...