Owensboro City R. Co. v. Robertson

• Decision Date: 16 October 1907
• Citation: 104 S.W. 707
• Parties: OWENSBORO CITY R. CO. v. ROBERTSON.
• Court: Kentucky Court of Appeals

104 S.W. 707

OWENSBORO CITY R. CO. v. ROBERTSON.

Court of Appeals of Kentucky.

October 16, 1907

Appeal from Circuit Court, Daviess County.

"Not to be officially reported."

Action by R. P. Robertson against the Owensboro City Railroad Company. From a judgment for plaintiff, defendant appeals. Affirmed.

Miller & Todd, for appellant.

J. D Atchison and Eli H. Brown, for appellee.

HOBSON J.

R. P Robertson was a passenger on a street car of the Owensboro City Railway Company. He got on the car late in the afternoon for the purpose of going home. The line of the street railway crossed the track of the Illinois Central Railroad. As the car was crossing the railroad track, the railroad train backed into it, substantially demolishing it. There is some conflict in the evidence as to how this occurred. The evidence for the plaintiff is that the motorman was looking back in the car at a scuffle that was going on between two other employés of the company; that he neither stopped looked, nor listened for the train; that his car was running at about 10 miles an hour; that the train was running at about the same speed, and as the car got upon the track it was struck by the train; that the bell of the train was ringing; and that the train was due and on time. The evidence of the motorman is that he saw the train, and stopped the car, but, thinking that the train was going away from the crossing, started up again, and when he discovered that the train was backing toward the crossing it was too late for him to stop the car. On the question of fact as to how the accident occurred the weight of the evidence is with the plaintiff. Robertson testified that he was on the platform of the car. That he did not notice the train, and knew nothing of its striking the car until he was hanging by his leg to the platform of the rear coach of the train with his head down. He had been unconscious and did not know how he got in that position. That he had been carried about 150 feet from the crossing along the railroad track. He testified that he had a cut on the top of his head about three inches long that his arms, face, and legs were bruised up; that his hand had two punctures in it; that he thought at the time that the arm and leg were broken; that the arm was the most painful hurt he had; that his hip was bruised; that he had a cut place on his leg; and that the hip joint was very sore and was still painful at the trial. He also testified that on the following Friday he went to the doctor's office and had him to treat his wounds--that is, that he was well enough to go down town for this purpose--and he had been attending to his business ever since; that he had had trouble with his hip and pains in his head such as he had never had before. Two doctors were introduced on the trial. They concurred in the description of the...