Continental Southern Lines, Inc. v. Robertson, 41972

• Decision Date: 16 October 1961
• Docket Number: No. 41972,41972
• Citation: 133 So.2d 543,241 Miss. 796
• Parties: , 92 A.L.R.2d 653 CONTINENTAL SOUTHERN LINES, INC. et al. v. Mrs. Ethel ROBERTSON.
• Court: Mississippi Supreme Court

Page 543

133 So.2d 543

241 Miss. 796, 92 A.L.R.2d 653

CONTINENTAL SOUTHERN LINES, INC. et al. v. Mrs. Ethel ROBERTSON.

No. 41972.

Supreme Court of Mississippi.

Oct. 16, 1961.

Butler, Snow, O'Mara, Stevens & Cannada, Roger C. Landrum, Jackson, for appellants.

Strong & Smith, Louisville, John Alton Phillips, Macon, for appellee.

McELROY, Justice.

Suit was commenced by an attachment in the Chancery Court of Winston County, Mississippi, by appellee, Mrs. Ethel Robertson, against the Continental Southern Lines, Inc., and the Gulf Transport Company seeking to recover damages for injuries she sustained while a passenger on a bus belonging to and operated by the Continental Southern Lines, Inc. The chancellor found and adjudicated that the appellee, Mrs. Robertson, sustained an injury on appellant's bus which caused the appellee to suffer and be in a practically helpless condition.

The bill of complaint alleges, and the chancellor so found, that the appellee requested the appellant to secure medical attention for her, which appellant did not attempt to do. From a decree rendered against the appellant in favor of the appellee the appellant appeals to this Court.

Many of the facts in this case are in direct conflict. Mrs. Robertson, the appellee, gave evidence to the effect that on the seventh day of August 1959, she was a passenger on a bus belonging to and operated by the Continental Southern Lines, Inc. At the time appellee got on the appellant's bus, she was having no difficulty with her limbs or any part of her body; that at a time while said bus was traveling through the State of Louisiana, the appellee was sitting in a seat with her feet on the footrest on the floor of the bus; that her body shifted, causing her right foot to slip off the footrest causing her right knee to be pulled out of position and become locked as a result of the cartilage in the knee being fractured. The appellee, by holding onto the luggage racks on the bus, pulled herself to the front of the bus and notified the bus driver of her condition and requested a doctor. The bus driver told her he would see about it at the next stop. When the bus driver arrived at the next stop, the driver of the bus on which appellee was riding and another bus driver of the appellant's assisted appellee in getting into the bus station by each of them lifting and holding each of appellee's arms. The appellee further testified that she sat on a desk in the bus station and two bus drivers attempted to get the knee back into proper position by pulling and manipulating it, but were unable to do so. The appellee requested that the bus drivers get a doctor for her or if they could not get a doctor to get a nurse, but they declined to secure medical attention for her, stating that they did not have time. It was approximately twelve to fourteen hours from the time she received her injury until she reached her destination. This condition of her knee caused appellee excruciating pain. The inflammation and pain increased during the time she was on the bus. She did not receive any medical attention until she arrived at her destination where she was met by relatives who carried her to the doctor. Further testimony was to the effect that if the appellee had received medical attention as soon as was practical after her knee became locked and she requested the bus company to secure medical attention for her, the pain and suffering endured by appellee would have been greatly minimized; and that the failure of appellant to secure medical attention for appellee caused the condition of her knee to be made worse and the damaged condition of the knee at the present time was caused or aggravated by such failure to secure medical attention for appellee's knee as soon as was practical to do so.

The appellee's testimony was corroborated by several witnesses.

Several of the bus drivers testified that they knew of her condition but stated that the appellee did not request medical attention.

This is purely a case of conflicting testimony. The chancellor found for the complainant or appellee against the appellant, Continental Southern Lines, Inc.

We are reluctant to overrule the chancellor's finding of fact in this case.

In 13 C.J.S. Carriers p. 1414, Sec. 754, the duty of a carrier to a sick or injured passenger is discussed, and the following rule is stated:

'It is the duty of a carrier to render such care and attention as common humanity would dictate to a passenger who is injured in an accident. Thus where a passenger falls or is thrown from a train or car, it is the carrier's duty to stop the train or car and to rescue him, if this can be done without endangering the safety of other passengers, and to take him with reasonable promptness to a place where he can receive proper treatment, or to procure others to render the necessary assistance. If the carrier fails to render such care and attention as is required under the circumstances, it is liable for the damages resulting from such neglect, notwithstanding the original injury was not caused by its negligence, or notwithstanding the negligence of the passenger contributed to his injury.'

The above rule has been followed by the Supreme Courts of Louisiana, Mississippi, Texas and...