Kenan v. Houstoun
| Decision Date | 10 April 1942 |
| Citation | 150 Fla. 357,7 So.2d 837 |
| Parties | KENAN et al. v. HOUSTOUN et al. |
| Court | Florida Supreme Court |
Rehearing Denied May 22, 1942.
Henderson & Franklin, of Fort Myers, for petitioners.
Eldon L Boyce and George C. Bolles, Jr., both of Miami, for respondents.
Georgia Houstoun was a passenger on a Florida East Coast train from Miami to Jacksonville. On arriving in the latter city she descended from the train to the station platform where steam was being ejected from a Louisville and Nashville engine standing on a tract parallel to that on which her train was standing, under which it (steam) passed striking her about the lower legs and feet causing her to move about rapidly and in so doing fell over baggage, was thrown to the platform and thereby sustained injuries.
This action was brought for personal injuries claiming damages for leaving the platform in an unsafe condition, for permitting plaintiff to leave the train and for the negligence of the engine on the parallel track in ejecting the steam. A trial resulted in a judgment for $4,500 in favor of the plaintiff which was affirmed by the Circuit Court. That judgment is here for review on certiorari.
The first and essential question presented is whether or not under the facts stated the Florida East Coast or the L. And N. Railroad was responsible for the alleged injury to the plaintiff.
The evidence shows that Mrs. Houstoun engaged passage on and left the Florida East Coast train when it arrived in Jacksonville and while standing on the platform, received the injuries complained of because of steam escaping from the L. and N. engine standing on a parallel track. It is also shown that the platform was dry and the station facilities in good condition.
It appears admitted that the presumption statute (Section 7051, Compiled General Laws of 1927) does not aid the plaintiff in this case. In this situation, the railroad company is required to exercise ordinary or reasonable care in keeping its station and other premises in condition. When it appears that the agency which caused the injury was other than defendant or its agents the plaintiff must prove that defendant knew or by the exercise of ordinary care could have known of it in time to remove the cause of the injury. 10 Am.Jur. 173, Chesapeake & O. Ry. Co. v Burton, 4 Cir., 50 F.2d 730, 731.
It is settled law that under the facts stated the Florida East Coast was bound to...
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