Roberts v. Indianapolis St. Ry. Co.

• Decision Date: 27 May 1902
• Citation: 64 N.E. 217,158 Ind. 634
• Parties: ROBERTS v. INDIANAPOLIS ST. RY. CO.
• Court: Indiana Supreme Court

158 Ind. 634

64 N.E. 217

ROBERTS

v.INDIANAPOLIS ST. RY. CO.

Supreme Court of Indiana.

May 27, 1902.

Appeal from superior court, Marion county; John L. McMasters, Judge.

Action by Edward C. Roberts against the Indianapolis Street Railway Company. From a judgment in favor of defendant, plaintiff appeals. Transferred to supreme court under act approved March 13, 1901. Affirmed.

Hefron & Harrington, for appellant. Winter & Winter, for appellee.

JORDAN, J.

Action by appellant against appellee to recover for personal injuries. Demurrer to the complaint sustained. Judgment on demurrer, from which this appeal is prosecuted. The following are the facts alleged in the complaint: Appellee is a street railway corporation engaged in running and operating electric cars in and over the streets of the city of Indianapolis. On and prior to December 21, 1900, appellant was in the employ of said company, engaged as a conductor on one of its lines, known as the “Alabama and Garfield Park Line.” At the end of this line there was located a turntable, used by the company for the purpose of turning cars for their return trip. It was the duty of the conductors and motormen in charge of each car on the aforesaid line to run the car onto this turntable and turn the car around, by means of the conductor and motorman taking positions opposite each other, and, by pushing and pressing against the cars with their backs and shoulders, turning the table around. When the table was in proper repair and good condition, it could by this method, with little exertion, be easily turned. After giving a description in respect to the construction of the table, the complaint then further avers that on January 21, 1900, the table became out of repair, in this: “That the rails of the track beneath the table became loose and out of place, so that the wheels of the table, in turning around, would slip off the rails. That the timber and framework of said table became worn and loose, so that the platform of the table was caused to tip and sag, and caused the outer edge thereof and the ends of the rails of the track on said table to rub and scrape against the wooden rim of the pit, and bind and hinder the turning of the table. That, on the afternoon of said day that the table became out of repair as aforesaid, plaintiff, being off duty, was sent for by the defendant, and he and another employé of defendant were ordered and directed to assist the car men in turning their cars on the said table. Plaintiff and said assistant remained in attendance at said turntable until the cars quit running that night. While this plaintiff was so attending and assisting in the turning of cars on said table, the defendant's road officer came, and examined the condition of the turntable, and ordered and directed its repair without delay. Plaintiff avers that the defendant ordered and directed the repairsof said turntable, and promised to have the same repaired without delay. On January 22, 1900, the plaintiff was ordered by the defendant to go upon duty,...