Southern Ry. Co. v. Hundley

• Decision Date: 06 June 1907
• Citation: 151 Ala. 378,44 So. 195
• Parties: SOUTHERN RY. CO. v. HUNDLEY.
• Court: Alabama Supreme Court

44 So. 195

151 Ala. 378

SOUTHERN RY. CO. v. HUNDLEY.

Supreme Court of Alabama

June 6, 1907

Appeal from Circuit Court, Limestone County; D. W. Speake, Judge.

Action by Agnes Hundley against the Southern Railway Company. Judgment for plaintiff. Defendant appeals. Reversed and remanded.

The complaint alleges, in substance, that defendant was operating a railroad between certain points named, and that the plaintiff had been accepted as a passenger to one of said points; that when said train approached said point, blew for the station, and began to slow down, one of the trainmen, an agent or servant of the defendant, announced and proclaimed within the hearing of the plaintiff the station, the destination of the plaintiff; that plaintiff in obedience to said announcement arose and went to the platform of the car in which she was a passenger, and by the time she had reached the platform of the car the train had arrived at the depot of defendant, and had slowed down to almost a standstill; that immediately after said plaintiff had reached said platform or steps preparatory to her alighting from the train at her destination, the agents or servants of defendant in charge of the train caused the same to suddenly and without warning start violently forward, thereby hurling her to the ground etc. Her injuries are stated at length, and it is alleged that she was rendered unconscious, and her ability to hear in one of her ears was permanently destroyed, and her body was partially paralyzed. It was alleged that the act of the agent or servant of defendant in causing the train to suddenly start forward was an act of negligence, and in violation of its duty to safely transport plaintiff. A number of demurrers were filed to the complaint, among them that it did not state a cause of action; that it affirmatively appears that the plaintiff was guilty of negligence which contributed to her injury, in that she attempted to alight from the train while the same was in motion, and that she was guilty of negligence which contributed to her injury, in that she went upon the platform while the same was still in motion; that it does not appear from said complaint that said train did not stop at the point of passenger's destination; that it does not appear that said train did not stop at the point of destination a reasonable time for plaintiff and other passengers to alight therefrom before she was thrown; that it appears therefrom that said train had slowed down to almost a standstill before plaintiff was thrown from said train, and it does not appear that the person starting said train had notice or knowledge that plaintiff had not alighted from same.

The following were the pleas filed: (1) General issue. (2) "Plaintiff proximately contributed to the injuries complained of by her own negligence, in this: She negligently failed to wait until said train came to a stop at said station, but jumped off the same while it was in motion. Said train did in fact stop at said station at Belle Mina for a reasonable time and long enough for plaintiff to have gone from her seat in said car to the steps and to have alighted in safety while it was standing; but she chose to jump or step therefrom while it was moving, without necessity so to do, in the nighttime, whereas obviously safer under the circumstances for her to have waited until said train stopped. Had she done so, she would not have been injured." (3) "Plaintiff proximately contributed to the injuries complained of by her own negligence, in this: At the time she was so thrown from said train she did not have hold of the railing of the car, but was standing on the steps without holding to any part of the car; and said car was in fact provided with a handhold for passengers to hold to when alighting, or when on the step preparatory to alighting, and had the plaintiff been holding to the same, as she could have done, she would not have been injured." (4) "The plaintiff proximately contributed to the injuries complained of by her own negligence, in this: Although said train did stop at said station for passengers to alight therefrom plaintiff negligently attempted to alight therefrom while it was moving and before it came to a stop, without necessity so to do and in the nighttime, and she could have avoided said injury by waiting until the train stopped before attempting to alight." (5) "Plaintiff proximately contributed to the injuries complained of by her own negligence, in this Although said train did stop at Belle Mina long enough for the passengers intending to get off there to alight while it was standing, and stopped at the place where such trains were accustomed to stop, plaintiff negligently attempted to alight therefrom while it was moving and before it came to a stop without any necessity therefor and in the nighttime, and she could have avoided said injury by not attempting to alight therefrom until said train had come to a stop; and defendant further alleges that said car on which plaintiff was a passenger was not negligently jerked while plaintiff was in the act of alighting therefrom." (6) "Plaintiff when she was injured, which was in the nighttime, had gone upon the step of the car while it was in motion for the purpose of alighting therefrom. She had in her right hand three bundles and nothing in her left, and with her left hand could have held the railing or handhold of the car, and, had she held it, said sudden starting of said train would not have thrown her off. But she negligently failed to hold said railing as she descended said steps and as she stood thereon and so proximately contributed to the injuries complained of." (7) "Plaintiff, when she was injured, which was in the nighttime, had gone upon the steps of the car while it was going too rapidly for a woman to attempt to alight therefrom. She had nothing in her hand, and could easily have held the handhold or railing of the car, and, had she done so, said sudden starting of the train without warning would not have...