Pittman v. Hines

• Decision Date: 17 May 1920
• Docket Number: 409
• Citation: 221 S.W. 474,144 Ark. 133
• Parties: PITTMAN v. HINES
• Court: Arkansas Supreme Court

221 S.W. 474

144 Ark. 133

PITTMAN v. HINES

No. 409

Supreme Court of Arkansas

May 17, 1920

Appeal from Dallas Circuit Court; Turner Butler, Judge; reversed.

Judgment reversed and cause remanded.

Pace Campbell & Davis, for appellant.

1. The proof clearly shows that plaintiff "jumped through the open door of the vestibule" and that the door was open when plaintiff jerked loose from Knight and leaped from the train. The proof clearly warrants the conclusion that members of the crew left the door open, and the question of negligence should have been sent to a jury. The conductor and brakemen knew plaintiff was insane when placed on the train and carriers of passengers must use due care and attention and exercise special care, prudence and foresight for such passenger's safety. 115 Ark. 505; 108 Ill.App. 565; 75 S.W. 713; 92 Ark. 432; 76 F. 734; 87 Ark. 335; 96 Minn. 434; 22 L. R. A. (N. S.) 312; 94 S.W. 293; 4 R. C. L., p. 1216 § 637; 135 Mich. 254; 76 F. 734. The questions of negligence are for a jury. 84 U.S. 657; 144 Id. 408. It was error to direct a verdict for defendant. 92 Ark. 432; 2 Hutch. on Car., par. 911; 94 S.W. 295; 132 Mich. 695.

2. Even if plaintiff's attendants were guilty of the grossest negligence, that does not defeat or impair plaintiff's right to recover for the negligence of appellee. An insane person can not be guilty of contributory negligence, nor can the negligence of his attendants be imputed to him to defeat his right to recover. 75 Ark. 479; 72 Id. 1; and cases supra.

Thos. S. Buzbee and Geo. B. Pugh, for appellee.

Vestibules are provided with doors for the convenience of passengers to go from one coach to another. 115 Ark. 262. The train employees had the right to assume that the three attendants would properly look after the plaintiff. 59 Ark. 180. The court properly instructed a verdict, as there was no case on the evidence for a jury.

OPINION

HUMPHREYS, J.

Appellant, an insane person, instituted suit, through his guardian, in the Dallas Circuit Court, against appellee, Director General of Railroads, who was in charge of and operating the Chicago, Rock Island & Pacific Railroad from Fordyce to Little Rock, to recover damages for an injury caused by appellant's jumping from a moving train through a vestibule door, alleged to have been negligently opened, or left open, by appellee's employees.

Appellee filed answer, denying negligence and, by way of further defense, pleading exemption on the ground that he had a right to assume that appellant's attendants would look after and keep him from injuring himself.

The cause was submitted to a jury upon the pleadings and evidence adduced by appellant. At the conclusion of appellant's evidence, in response to a motion by appellee for a peremptory instruction, the court instructed a verdict for appellee, and dismissed appellant's complaint. From the judgment of dismissal, an appeal has been duly prosecuted to this court.

The substance of the evidence most favorable to appellant is as follows: F. M. Pearson, sheriff of Dallas County, took appellant, who was crazy, to appellee's depot at Fordyce for the purpose of sending him to the Hospital for Nervous Diseases at Little Rock. The conductor on the train was requested to hold the train until appellant could be put aboard, which request was granted. Appellant was pretty wild and did not want to go. The sheriff informed the brakeman that appellant was insane, obtained his aid in putting him on the train, and requested that he help the attendants en route, which he promised to do as best he could. Appellant was placed in the immediate charge of W. A. Knight, a deputy sheriff; C. D. Mallett, a resident of Fordyce going to Little Rock on business, and J. T. Pittman, father of the appellant. Just after leaving Bunn, appellant expressed a desire for water. W. A. Knight, C. D. Mallett and appellant went to the water tank but found no cup. Mr. Mallett went into the smoker in search of a paper cup and left Mr. Knight and appellant standing at the water tank. There was a swinging door between the coach and vestibule. Mr. Knight was unfamiliar with the arrangement of vestibule coaches and thought the vestibule of this train was open like other trains he had seen. While waiting for Mr. Mallett to return, appellant jumped through the swinging door, leading into the vestibule. As he jumped, Mr. Knight gave the alarm and caught him by the coat, but, fearing he might fall to the ground himself, he released appellant and ran back two or three steps to the first window to see where appellant landed, but before, or by the time, he reached the window, the train had passed the place where appellant had fallen, so he did not see him. About the time appellant jumped, the bell was rung by either the conductor or brakeman with the exclamation, "Who left that door open?" The train proceeded a short distance and backed up to where appellant had fallen. Mr. Knight reached him first, and, upon examination, found appellant's leg was broken. He was placed aboard the train and brought to Little Rock. En route he suffered quite a little. At Benton, his leg was bandaged by a physician. When he reached Little Rock, his leg...