Louisville & N.R. Co. v. Ricketts

• Decision Date: 09 April 1892
• Citation: 93 Ky. 116,19 S.W. 182
• Parties: Louisville & N. R. Co. v. Ricketts.
• Court: Kentucky Court of Appeals

19 S.W. 182

93 Ky. 116

Louisville & N. R. Co. v. Ricketts.

Court of Appeals of Kentucky.

April 9, 1892

Appeal from circuit court, Marion county.

"To be officially reported."

Action by A. P. Ricketts against the Louisville & Nashville Railroad Company. Judgment for plaintiff. Defendant appeals. Reversed.

BENNETT J.

The appellee was a passenger on the appellant's passenger train from Louisville, Ky. to Lebanon, Ky. The train arrived at Lebanon about 11 o'clock at night. The platform of the depot at Lebanon is on the left-hand side of the track. There was at one time an old platform on the right-hand side of the track at the said depot, which was removed by the appellant about a year before the happening of the accident complained of; and the place was leveled off, and cinders placed upon it. The appellee, before the old platform was removed, had gotten on and off the train on the right-hand side. On the occasion of the accident the appellee knew that the passenger platform at the depot was on the left-hand side of the track and the platform, including the usual passenger-way to and from it, was well lighted by lights from the depot building and by the light from two street lamp-posts; all of which the appellee was bound to know, and could see for himself. The appellee's traveling companion, Mr. Gibson, got off the train at the depot, on the passenger platform on the left-hand side of the train, and went on his way; but the appellee got off on the right-hand side, where there was no platform, and no lights. He preferred to get off on the right-hand side because it saved about eight feet distance and his having to walk around the locomotive, or waiting until the train moved on. When he alighted from the railroad coach, it being dark, he walked on the cinders along with the moving train, and close to it, in order to see, and while thus walking, he stumbled over a water-box, and fell, and in the fall he threw out his arm, and one of the wheels of one of the cars ran over it, and the arm had to be amputated. As said, the appellee knew that the passenger platform was on the left-hand side and lighted. He also knew there was no passenger platform on the right-hand side, and that the right-hand side was not lighted. It appears, however, that the appellee, who was familiar with the depot grounds, and others who were familiar with them, had sometimes, as a matter of convenience to themselves, gotten on and...