Herbert v. St. Paul City Railway Company
| Decision Date | 31 January 1902 |
| Docket Number | 12,809 - (191) |
| Citation | 88 N.W. 996,85 Minn. 341 |
| Parties | EVA HERBERT v. ST. PAUL CITY RAILWAY COMPANY |
| Court | Minnesota Supreme Court |
Action in the district court for Ramsey county to recover $5,050 for personal injuries received by plaintiff while in the act of alighting from defendant's street car. The case was tried before O. B. Lewis, J., and a jury, which rendered a verdict in favor of plaintiff for $1,000. From an order denying a motion for judgment in its favor notwithstanding the verdict or for a new trial, defendant appealed. Affirmed.
Street Railway -- Car Steps -- Ice.
A street car company is required to exercise the highest degree of care to keep the platforms and steps of its cars in safe condition for use in the season when operated, so far as it practicably can do so, in consideration of the climate temperature, and condition of the air with respect to snow moisture, and frost.
Verdict Sustained by Evidence.
Evidence considered, and held sufficient to support a verdict for plaintiff upon the claim that she was a passenger on a street car, and, when alighting therefrom, slipped and fell from the same by reason of ice and snow negligently permitted by the carrier to be and remain upon its steps and platforms.
Excessive Damages.
Held that, under the evidence in this case, the verdict of the jury cannot be held to be excessive.
Munn & Thygeson, for appellant.
Edwin Gribble, for respondent.
Plaintiff was a passenger on one of defendant's street cars, and, in attempting to alight therefrom at her destination, -- upon her claim, -- slipped upon ice and snow negligently allowed by defendant to remain upon the rear steps of the car. She sustained injuries, for which a recovery was had. After denial of a motion for new trial, defendant appeals from such order.
The material questions presented here for review are the sufficiency of the evidence to sustain the verdict, the contributory negligence of the plaintiff, and the amount of the damages.
There was evidence for the plaintiff tending to show that she and her daughter took passage on February 19, 1901, on a car of defendant's street railway in St. Paul; that the car was stopped for her to alight at her destination, the corner of Rice and Rondo streets; that it was a cold, blustering morning; that two days before the accident 2.8 inches of snow had fallen; that the ground was at the time covered with snow; that, in attempting to leave the car, the conductor who remained inside, opened the door for her, when she went to the platform, put out her hand to take hold of the hand rail to aid herself, and stepped out, when she suddenly slipped...
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