St. Louis, I. M. & S. R. Co. v. Pollock
Decision Date | 20 December 1909 |
Citation | 123 S.W. 790 |
Parties | ST. LOUIS, I. M. & S. R. CO. v. POLLOCK. |
Court | Arkansas Supreme Court |
Appeal from Circuit Court, Hot Springs County; W. F. Evans, Judge.
Action by H. B. Pollock against the St Louis, Iron Mountain & Southern Railroad Company. Judgment for plaintiff, and defendant appeals. Affirmed.
Appellee was a passenger on appellant's train. He was passing between the coach and smoking car. On the platform between the cars and in the direct line of the passageway there was a little step box or stool about seven or eight inches high. Appellee stepped over this box in passing from one car to the other, and as he did so the train gave a sudden jerk. It was a jerk as if the train was rounding a curve, and appellee's heel struck the box and he fell backward hitting his back against the stool and was injured. Appellee could have moved the stool out of his way, but instead of doing so he stepped over it when the train jerked causing him to fall. The train was vestibuled, and the box was a stool used by the trainmen in assisting the passengers to get on and off the cars. Appellee sued appellant, predicating his cause of action upon the above facts, and alleging that appellant negligently placed and permitted the stool to remain in the aisle of the platform, and negligently permitted the train to give a violent jerk throwing and injuring appellee as indicated above. Appellant denied the material allegations. Appellant's evidence tended to prove that the train was running smoothly; that appellee made complaint to the conductor of a step being across the pathway; that the conductor went and found the step or stool in front of the door about five inches. He moved it back of the door of the vestibule where it should have been placed by the porter. The appellee did not tell the conductor that he was hurt. The Hot Springs special train on which appellee was riding was a solid train, all vestibuled. The cars all go together; one car cannot roll one way and then the other. They go in a bend, and cannot possibly jerk one car and not jerk altogether. The motion of the cars in turning a curve is a swaying motion, but not a sudden lunge. It might cause a person to stagger and lose his balance if unfamiliar with its motion. The instructions of which appellant complains are as follows:
The modification to appellant's prayer No. 2 above is shown in italics. To this...
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