Ponton v. United Elect. Rys. Co., No. 7824.

CourtRhode Island Supreme Court
Writing for the CourtBAKER, Justice.
Citation200 A. 425
PartiesPONTON v. UNITED ELECTRIC RYS. CO.
Docket NumberNo. 7824.
Decision Date30 June 1938
200 A. 425

PONTON
v.
UNITED ELECTRIC RYS.
CO.

No. 7824.

Supreme Court of Rhode Island.

June 30, 1938.


200 A. 426

Exceptions from Superior Court, Providence and Bristol Counties; Alberic A. Archambault, Judge.

Action of trespass on the case for negligence by Loretta Ponton against the United Electric Railways Company to recover for injuries sustained by the plaintiff in a fail as she was alighting from one of the defendant's electric cars. A verdict was directed for the defendant, and the plaintiff brings an exception.

Exception overruled, and case remitted for entry of judgment on the verdict as directed.

Charles J. McCabe, Cooney & Kiernan, and James H. Hagan, Jr., all of Providence, for plaintiff. Clifford Whipple and Earl A. Sweeney, both of Providence, for defendant.

BAKER, Justice.

&gt

In this action of trespass on the case for negligence, which was tried to a jury in the superior court, the trial justice directed a verdict for the defendant at the conclusion of all the evidence. The case is before us on the plaintiff's exception to this ruling, all her other exceptions being waived.

The accident in question happened soon after 11 o'clock, p. m., on December 15, 1933, as the plaintiff was leaving a one-man electric car, so called, of the defendant company, at the corner of Mineral Spring avenue and Charles street in the town of North Providence. At the time the weather and road conditions were very bad. A meteorologist from the Providence office of the United States weather bureau testified that on that day there was a light rain and sleet about noontime, and a steady rain soon after 3 p. m. until midnight, the temperature being always below freezing; that the rain of the afternoon and evening froze as it fell, and formed a coating of ice about one-eighth of an inch thick on everything which was exposed to the weather. The plaintiff herself admitted that the rain froze as it fell; that it was icy everywhere and that it was one of the slipperiest days she could remember.

It appears from the testimony of the plaintiff, who was about twenty-eight years old, that, after an evening in Providence, she boarded a car of the defendant company at Exchange Place in that city to go to her home on Mineral Spring avenue. When she reached her destination the car stopped, the outside doors were opened, and at least one other woman got off the car ahead of her. After the plaintiff had inserted her fare in the receiver provided for that purpose, she turned, stepped over to take hold of the upright pole or stanchion near the step of the car, and immediately, before she was able to do this, slid or slipped off the edge of the vestibule into the street, sustaining the injuries of which she complains. At this time the car was stationary and there was no evidence that any sudden stopping or starting thereof caused the plaintiff to fall.

Two young men, who were standing on the sidewalk near where the car stopped, were witnesses for the plaintiff. The first one testified that, while he was...

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3 practice notes
  • Lowden v. Denton, No. 11530.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • June 3, 1940
    ...in not having the steps sprinkled with sand or cinders at the time of the accident. See, also, Ponton v. United Electric Rys. Co., R.I., 200 A. 425, 117 A.L.R. 518; Moore v. Baltimore & O. R. Co., 132 Pa.Super. 182, 7 A.2d 162; Fitch v. Central R. Co., 74 N.J.L. 135, 64 A. There was no subs......
  • Swiastyn v. St. Joseph Light & Power Co., No. 25299
    • United States
    • Court of Appeal of Missouri (US)
    • October 5, 1970
    ...a sufficient previous opportunity to remove it.' * * * ' (Italics ours.) In the case of Ponton v. United Electric Rys. Co., 61 R.I. 203, 200 A. 425, 427, a directed verdict for the defendant was sustained where it appeared that during a rain which froze as it fell, plaintiff was injured as ......
  • McGovern v. Michael, No. 7895.
    • United States
    • United States State Supreme Court of Rhode Island
    • June 30, 1938
    ...if the goods are not actually returned to the party who has been successful in the replevin proceedings, then the other party, to satisfy 200 A. 425 the terms of his bond, must make an unconditional and good offer or tender to the former of the goods replevied, in order to have such offer o......
3 cases
  • Lowden v. Denton, No. 11530.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • June 3, 1940
    ...in not having the steps sprinkled with sand or cinders at the time of the accident. See, also, Ponton v. United Electric Rys. Co., R.I., 200 A. 425, 117 A.L.R. 518; Moore v. Baltimore & O. R. Co., 132 Pa.Super. 182, 7 A.2d 162; Fitch v. Central R. Co., 74 N.J.L. 135, 64 A. There was no subs......
  • Swiastyn v. St. Joseph Light & Power Co., No. 25299
    • United States
    • Court of Appeal of Missouri (US)
    • October 5, 1970
    ...a sufficient previous opportunity to remove it.' * * * ' (Italics ours.) In the case of Ponton v. United Electric Rys. Co., 61 R.I. 203, 200 A. 425, 427, a directed verdict for the defendant was sustained where it appeared that during a rain which froze as it fell, plaintiff was injured as ......
  • McGovern v. Michael, No. 7895.
    • United States
    • United States State Supreme Court of Rhode Island
    • June 30, 1938
    ...if the goods are not actually returned to the party who has been successful in the replevin proceedings, then the other party, to satisfy 200 A. 425 the terms of his bond, must make an unconditional and good offer or tender to the former of the goods replevied, in order to have such offer o......

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