McFarland v. City of Monroe

• Decision Date: 14 December 1942
• Docket Number: 6576.
• Citation: McFarland v. City of Monroe, 11 So.2d 19 (La. App. 1942)
• Court: Court of Appeal of Louisiana
• Parties: McFARLAND v. CITY OF MONROE.

11 So.2d 19

McFARLAND v. CITY OF MONROE.

No. 6576.

Court of Appeals of Louisiana, Second Circuit

December 14, 1942

Appeal from Fourth Judicial District Court, Parish of Ouachita; D.I Garrett, Judge.

Oliver & Digby, of Monroe, for appellant.

Dhu Thompson and Lea S. Thompson, both of Monroe, for appellee.

TALIAFERRO Judge.

Plaintiff, a colored woman, was injured by falling as she alighted in the daytime from defendant's electric trolley car or bus at the intersection of Smith Avenue and DeSiard road, and sues to recover from the city a large amount of damages. The specific act of negligence charged to the bus operator is that after stopping the vehicle at said intersection to allow passengers to alight, he put it into gear and drove forward when plaintiff was on the rear step preparing to leave the bus, which movement caused her to lose balance and fall forward upon the loose gravel surfacing Smith Avenue.

Defendant denies that its operator was to any extent or in any manner negligent in the operation and/or starting of the bus; and avers that if plaintiff fell and sustained injury, as alleged, it was entirely due to her own fault and carelessness in that she did not exercise reasonable care and caution while leaving the bus, and in allowing her attention to be drawn from the situation surrounding her at the time.

Judgment for $300 for physical pain and suffering, plus $31 incurred in treating plaintiff's injuries, was awarded her. The city appealed. Plaintiff, answering the appeal prays for increase in the quantum of judgment.

Counsel for the city do not seriously contend that the charge of negligence against the bus operator has not been established. In their brief it is said: "We are frank to say that the facts are not very favorable to the City."

They argue that plaintiff was only slightly injured and that the award to her is really excessive.

Plaintiff's testimony, corroborated by that of another passenger who alighted ahead of her, makes it certain that the bus moved forward as she was attempting to leave it and that she was thrown forward upon the gravel on Smith Avenue, landing on all-fours.

Plaintiff was the last of four women passengers to alight from the bus, two of whom had their backs to her when she fell, but hearing the noise of the fall, turned and saw her upon her knees and hands. The operator did not know that plaintiff fell. The bus was crowded with passengers seated and standing and his view toward the rear door through which the four women made exit was materially obstructed by standing passengers.

Plaintiff was a paid passenger. Her own testimony supported, as above stated, at least made out a strong prima facie case in her favor. This testimony...