L. & N.R. Co. v. Rowland's Administrator

• Decision Date: 30 April 1926
• Citation: 215 Ky. 663
• Court: United States State Supreme Court — District of Kentucky
• Parties: Louisville & Nashville Railroad Company v. Rowland's Administrator.

215 Ky. 663

Louisville & Nashville Railroad Company v. Rowland's Administrator.

Court of Appeals of Kentucky.

Decided April 30, 1926.

1. Witnesses — Testimony of Deceased's Husband and Administrator and Daughters as to What She Said About Injury Held Inadmissible. — In death action against railroad, testimony of deceased's husband and administrator and daughters as to what she said about the injury held inadmissible, since they were interested parties, and testifying for themselves.

2. Appeal and Error — Where Court has Ruled Certain Evidence Admissible, and Proper Exceptions have been Reserved, Further Objection to Same Line of Interrogation is Not Required. — Where court has ruled certain evidence admissible, and proper exceptions have been reserved, further objection to same line of interrogation is not required to save question for consideration on appeal.

3. Carriers. — Evidence of changes made in station platform after an accident to a passenger who slipped and fell in attempting to board a train held inadmissible.

4. Evidence. — In death action against railroad, statements of deceased concerning accident made to doctor several hours after it occurred held inadmissible.

5. Evidence — Deceased's Statement that She "Fell and Almost Killed Herself," Made Immediately After Accident, Held Competent. — Where deceased fell on station platform, her statement that "I fell and almost killed myself," made immediately after accident, held competent.

6. Evidence. — Law presumes that admission or declaration made by party against his interest is true.

7. Evidence — Railroad Should be Allowed, in Death Action to Show, as Statement Against Interest, that Deceased who Fell on Station Platform Recognized Weakness of Her Heart, where Death Certificate Showed that Heart Disease Caused Death. — In death action against railroad, where deceased fell on station platform, defendant should be allowed to show, as statement against interest, that deceased had recognized weakness of her heart, where death certificate gave cause of death as heart disease.

8. Carriers — Where Decedent Fell on Station Platform in Attempting to Board Train, Evidence as to Box Cars Standing on House Track which did Not Contribute to Injury Held Improper. — In death action against railroad, where decedent fell on station platform in attempting to board train, evidence as to box cars standing on house track which did not contribute to injury held improper.

9. Death — Evidence of Suffering of Deceased Held Inadmissible. — Evidence of pain and suffering held inadmissible in action for death, since action for pain and suffering cannot be joined with death action.

Appeal from Lee Circuit Court.

HUNT, NORTHCUTT & BUSH, ROSE & STAMPER, CHAS. S. LANDRUM, ASHBY M. WARREN and WOODWARD, WARFIELD & HOBSON for appellant.

J. MOTT McDANIEL, J.K. ROBERTS and BEATTY & BEATTY for appellee.

OPINION OF THE COURT BY DRURY, COMMISSIONER.

Reversing.

Ira Rowland, as administrator of Martha Rowland, deceased (his wife), recovered a judgment against the appellant for $15,000.00, to reverse which this appeal is prosecuted. On June 10, 1924, Martha Rowland and her daughter, Ruby, purchased tickets at Heidelberg, Kentucky, for passage on defendant's passenger train to Beattyville, Kentucky. When the train reached Heidelberg a torrential rain was falling. The passengers on the train who expected to alight at that station made all possible haste to leave the train and get shelter in the station, while those expecting to board the train were in equal haste to get aboard. Naturally, the depot platform and train steps were wet and slippery. Either because of her haste to get on the train and out of the rain, or because the steps of the train were too high, Mrs. Rowland slipped, so it is claimed, as she went up the steps, fell and received injuries which, it is claimed, resulted in her death. She made no complaint to the conductor when he took up her ticket, or to any of the other trainmen. Several other ladies boarded the train at this same station and rode with Mrs. Rowland to Beattyville. Two of these were close behind Mrs. Rowland as she boarded the train, and neither of them saw her fall. Her daughter, Ruby Rowland, who made the trip with her, is the only living eye-witness to the fall, so far as known. The train was standing perfectly still. There was no claim of any jerk or movement of the train. Mrs. Rowland made the trip to Beattyville, spent the day there, and returned that night. Upon her return she took to her bed, and from that time until her death on August 8, 1924, she spent most of her time in bed. On August 3, her husband decided to take her to a hospital in Lexington. She made this trip on a cot in the baggage car. From the depot in Lexington she was taken to the hospital in an ambulance. Unable to procure the services...