Cincinnati, N.O. & T.P. Ry. Co. v. Bell

• Decision Date: 22 May 1903
• Citation: 74 S.W. 700
• Parties: CINCINNATI, N. O. & T. P. RY. CO. v. BELL.
• Court: Kentucky Court of Appeals

74 S.W. 700

CINCINNATI, N. O. & T. P. RY. CO. v. BELL.

Court of Appeals of Kentucky.

May 22, 1903

Appeal from Circuit Court, Boyle County.

"Not to be officially reported."

Action by Annie K. Bell against the Cincinnati, New Orleans & Texas Pacific Railway Company. Judgment for plaintiff, and defendant appeals. Affirmed.

Chas H. Rodes and John Galvin, for appellant.

Robt. Harding and Rawlings & Voris, for appellee.

BARKER J.

Appellee Annie K. Bell, who is a colored woman, residing in Junction City, Ky. instituted this action in the Boyle circuit court against the appellant to recover damages in the sum of $1,000 for the spraining of her ankle, caused, as she alleges, by the failure of appellant to afford her a safe method of alighting from its car when she arrived at her destination. The facts, as shown by the record, are substantially these Appellee purchased a ticket from appellant to ride on one of its passenger trains from Danville to Junction City, a distance of about four miles. At the time she reached her point of destination it was dark, and when she attempted to step from the platform of the car to the ground she fell spraining her ankle. The lower step of the car platform is 23 inches above the level of the station platform. Appellee claims that at the time she fell the porter of the train was not there to assist her in alighting, as was his duty, and there was no stool or box, such as is commonly used to shorten the distance from the lower step to the station platform. Appellee testified that she had often ridden upon appellant's train, and that always, prior to the accident, a stool or box had been placed on the station platform, so as to shorten the distance of the last step, and that she thought that this provision for her safety had been complied with; that, owing to the darkness, she did not observe its absence; and that her fall was caused by this omission of appellant, and the failure of its porter to be at his post of duty to assist her in alighting. She was thoroughly familiar with the station, and testified that the station platform was made of crushed stone, rolled hard and smooth. Appellant's evidence tended to show that no stool or box was ever used with the car for colored passengers although this convenience was used in connection with the coach for white passengers. It was admitted that it was the duty of the colored porter, Frank Pursell, upon the arrival of the...