Paducah Traction Co. v. Burradell

• Decision Date: 17 October 1907
• Citation: 104 S.W. 709
• Parties: PADUCAH TRACTION CO. v. BURRADELL.
• Court: Kentucky Court of Appeals

104 S.W. 709

PADUCAH TRACTION CO. v. BURRADELL.

Court of Appeals of Kentucky.

October 17, 1907

Appeal from Circuit Court, McCracken County.

"Not to be officially reported."

Action by Minnie Burradell against the Paducah Traction Company for personal injuries. From a judgment for plaintiff, defendant appeals. Reversed and remanded.

Wheeler Hughes & Berry, for appellant.

Hendrick Miller & Marble, for appellee.

CLAY C.

Appellee Mrs. Minnie Burradell, instituted this action to recover of appellant, Paducah Traction Company, damages for injuries received while attempting to board one of appellant's cars in the city of Paducah. It appears from the evidence that appellee signaled for the car to stop, and that it was stopped for the purpose of taking her on. As she stepped on the car, the conductor rang up a fare. The motorman mistook the ring for a signal to proceed. The car was started, and appellee was jerked and dragged in such manner as to cause her serious injury. The jury awarded appellee damages in the sum of $2,000. A new trial was refused, and the Paducah Traction Company prosecutes this appeal.

Instruction No. 1, given by the court, is as follows: "If you shall believe from the evidence in this case that at the time and place complained of by plaintiff she undertook to board or get on one of defendant's cars, for the purpose of becoming a passenger thereon, then it became the duty of defendant's employés in charge of said car to exercise the utmost care which persons are accustomed to use when engaged in a like business, and under like or similar circumstances of this case, to allow and enable plaintiff to board or get on said car in safety, and if you shall believe from the evidence in this case that defendant's employés in charge of said car failed to exercise such care, and negligently or carelessly started said car when plaintiff was attempting to board or get on same, and that as the direct and proximate cause thereof plaintiff was caused to be jerked, dragged, and injured, as complained of by her, then the law in this case is for the plaintiff, and you will find for her such sum in damages as you may believe from the evidence will fairly compensate her for any physical injuries, or for injuries to any of her organs, by reason of being so jerked and dragged, or for any physical pain, mental anguish, or nervous shock suffered thereby, or for injuries to her nervous system, or for any permanent injuries to her or her organs, or for reasonable physicians' or medical bills or medicines paid for or agreed to be paid for, not exceeding $350, but not exceeding in all the amount claimed by her in her petition, to wit, $10,000." Counsel for appellant attack this instruction on...