Illinois Cent. R. Co. v. Hanberry

• Decision Date: 29 January 1902
• Citation: 66 S.W. 417
• Parties: ILLINOIS CENT. R. CO. v. HANBERRY. [1]
• Court: Kentucky Court of Appeals

66 S.W. 417

ILLINOIS CENT. R. CO. v. HANBERRY. ^[1]

Court of Appeals of Kentucky.

January 29, 1902

Appeal from circuit court, Lyon county.

"Not to be officially reported."

Action by T. T. Hanberry against the Illinois Central Railroad Company to recover damages for personal injuries. Judgment for plaintiff, and defendant appeals. Reversed.

Wilson & James, Darby & Gates, and Pirtle & Trabue, for appellant.

Molloy & Utley, Jno. K. Hendrick, and Hazelrigg & Chenault, for appellee.

O'REAR J.

Appellee was a passenger on appellant's south-bound night train from Louisville, with a pass for Eddyville, at which place the train was scheduled not to stop. Appellee offered to pay the fare from Eddyville to Kuttawa, where the train would stop, which was about 2 1/2 miles beyond Eddyville. The conductor waived the right to collect the fare. At Princeton an order was received to meet the north-bound train at Eddyville, and after leaving Princeton the conductor told appellee of the order, and that if the north-bound train should not stop on the siding at Eddyville when he arrived there his train would have to stop there, and appellee could get off. So far there is no dispute as to the facts. Appellee avers in his pleading and testified on the trial that the conductor also told him that, if the northbound train should be at Eddyville when he arrived there, his train would not stop, but would slow up so he might get off safely. Later, he (the conductor) told him they were nearly to Eddyville, and not to go to sleep again, and that soon after that the engine whistled, and the conductor beckoned to him from the end of the coach. Appellee went to the end of the car where he had last seen the conductor, but he was not in sight. He found the door open, and, thinking they were near the station, he swung off in the dark. The train was traveling at the rate of about 20 or 25 miles an hour. Instead of being at the station, the train lacked two or three hundred yards of having reached that point, and at the time of appellee's leap was crossing a high trestle. Appellee said that he at once realized his mistake, and lost consciousness. This was about 3 o'clock in the morning. He was found about 6 o'clock in the morning by track walkers, lying under the trestle, with both legs broken between the knees and the hips, elbow fractured, and an injury upon his head. The terrible accident has left him a complete cripple, at least...