Christie v. Chi., M. & St. P. Ry. Co.

• Decision Date: 23 May 1895
• Citation: 61 Minn. 161,63 N.W. 482
• Court: Minnesota Supreme Court
• Parties: CHRISTIE v. CHICAGO, M. & ST. P. RY. CO.

61 Minn. 161

63 N.W. 482

CHRISTIE

v.CHICAGO, M. & ST. P. RY. CO.

Supreme Court of Minnesota.

May 23, 1895.

(Syllabus by the Court.)

It is the duty of a railroad company to keep the approach to its depot and platform reasonably convenient, accessible, and safe for the public rightfully passing over it, and properly and lawfully doing business with such railroad company. Held that, within this rule, the evidence justified the verdict of the jury.

Appeal from district court, Mower county; John Whytock, Judge.

Action for personal injury by Adam F. Christie against the Chicago, Milwaukee & St. Paul Railway Company. There was a verdict for plaintiff, and from an order denying a new trial defendant appeals. Affirmed.

Kingsley & Shepherd and H. H. Field, for appellant.

French & Wright and John A. Lovely, for respondent.

BUCK, J.

The defendant, a railroad corporation, owns and operates a railroad which runs north and south through the city of Austin, in this state, at which point it maintains a station house and grounds, with depot and platform accommodations and approaches, intended and used for the convenience of passengers and the public going there to transact business, and especially for receiving and delivering baggage carried and transported on the defendant's railroad. West of the platform are two railroad tracks, which are connected by a switch and frog. The rails of the two railroad tracks are planked on both sides for a distance of about 78 feet in length. On the outside the planks are laid close to the rails, but on the inside of the rails on the east track there is a space between the plank and the rail of about three inches, for the flanges of the wheels of engines and cars to run in. The depth of the space between the rails and planks is about three inches. The planks vary in thickness. Some of them are on a level with the rails, and some a little lower, but generally they are on a level, especially when new. The most easterly rail is about two feet and nine inches west of the westerly edge of the platform. The rails are about four feet and eleven inches apart. The only approach to this platform for the public doing business with the defendant railroad in delivering or receiving baggage transported over its road is along and across the planked space and railroad bed. During the night preceding the 12th day of October, 1892, the plaintiff's daughter arrived at this station on one of defendant's trains, and went to her father's farm, 2 1/2 miles west, leaving her baggage, consisting of three trunks, at the station. The next morning she gave the checks for the trunks to her father, and requested him to go and get them. For this purpose he took a team of horses, and, hitching them to his farm wagon, drove to this depot, and to the westerly side of the platform, along this planked space, which was the usual approach to such platform for the purpose of receiving baggage. The defendant's station agent and another person put the trunks into the plaintiff's wagon, while he remained in the wagon, holding the horses by the reins. After the trunks were placed in the wagon, the plaintiff attempted to turn east, to drive away from there, but the wagon wheels were caught between the planks and the rails, and the forward wheel struck something, came out suddenly, threw one wheel under the wagon, and, nearly tipping the wagon over, threw the plaintiff out of the wagon, breaking his arm, and the hind wheel of the wagon passed diagonally over his breast. There does not appear to be any controversy over the extent of his injuries.

It is the duty of a railroad company to keep the approach to its depot and platform reasonably convenient, accessible, and safe for the ingress and egress of passengers, and for the public rightfully and properly doing business with it. Buenemann v. Railroad Co., 32 Minn. 390, 20 N. W. 379. In such cases the highest possible degree of diligence and care are not required, but the law imposes upon a railroad company the duty of keeping its approaches reasonably safe for all persons using them for a lawful business purpose; and persons so using such approaches have a right to assume that they are reasonably safe. If there is but one approach to a railroad depot platform, and the public are accustomed to use it for the transaction of business...