Hundley v. Louisville & I.R. Co.
| Decision Date | 24 November 1922 |
| Citation | 245 S.W. 149,196 Ky. 604 |
| Parties | HUNDLEY v. LOUISVILLE & I. R. CO. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Shelby County.
Action by Stella Hundley against Louisville & Interurban Railroad Company. Judgment for defendant, and plaintiff appeals. Affirmed.
Beckham & Gilbert, of Shelbyville, for appellant.
Willis & Todd, of Shelbyville, for appellee.
In this action to recover damages for personal injury, at the conclusion of the evidence for the plaintiff a verdict was directed for the defendant, and the petition was dismissed. The plaintiff appeals.
Middletown is located between Louisville and Shelbyville on defendant's electric interurban road running between those cities. The defendant maintains a depot at its station in Middletown, but does not keep it open after 6 p. m. although cars stop at the station to let passengers off or on after that hour.
On September 26, 1919, the plaintiff, a young married woman whose home is in Shelbyville, having concluded a visit at her father's home near Middletown and desiring to return to her home, went to the interurban station at Middletown after 6 o'clock in the evening to take a car for Shelbyville which she thought would arrive at 7 p. m., but which had been discontinued temporarily about 10 days previous and had not been restored to service owing to a strike by some of the company's employees. At 6:44 a car going toward Shelbyville stopped at Middletown, and plaintiff boarded it. The car had a sign in large betters on the front, and another on the side where she entered it, marked "Eastwood." As she entered the car she passed the conductor standing on the platform, and she did not ask, nor did the conductor inform her, the destination of the car.
After she had taken her seat and the car had gone but a little distance, the conductor approached her for her fare. When she told him she desired to go to Shelbyville and offered to pay him her fare to that place, he informed her that the car only went as far as Eastwood. She requested that he take her back to Middletown, and he told her he could not do that, as he was already nearly due to meet another car at Hegan. She then asked that he let her off at the next station, which was Belleview, and this he did. This station, according to the witnesses, is from a half to two-thirds of a mile from Middletown.
Plaintiff got off of the car at Belleview in safety, and immediately started back toward Middletown along the railroad tracks. When she had traveled about half of that distance, and while she was hurrying along the track between the rails in an effort to reach Middletown before her father left for his home in the country, she sprained her ankle, and, in explanation of how she did so, said, "I stepped on a rock I suppose; anyway, I sprained my ankle."...
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