St. Louis, Iron Mountain & Southern Railway Company v. Trotter

• Decision Date: 04 December 1911
• Parties: ST. LOUIS, IRON MOUNTAIN & SOUTHERN RAILWAY COMPANY v. TROTTER
• Court: Arkansas Supreme Court

142 S.W. 189

101 Ark. 183

ST. LOUIS, IRON MOUNTAIN & SOUTHERN RAILWAY COMPANY v. TROTTER

Supreme Court of Arkansas

December 4, 1911

Appeal from Lawrence Circuit Court, Eastern District; R. E. Jeffery Judge; affirmed.

STATEMENT BY THE COURT.

Ada Trotter, seventeen years of age, brought this suit by her next friend and stepfather, S. H. McCullough, for damages for a personal injury alleged to have been received, while debarking from a train at Minturn, Arkansas. It was alleged that as soon as the train stopped and the station was called she started to leave the train, but that before she had time to do so it was started with a sudden jerk, and she was thrown violently against the side of the vestibule, and that after moving forward for some distance it was stopped with a sudden jerk, which again threw plaintiff against the side of the vestibule, injuring and bruising her body and back, and that there was no step or stool placed for her to alight, and the station was dark, and she was unable to see that it was not placed, and that in attempting to alight she was thrown to the ground and further bruised and her back strained and injured.

"And she states and alleges that the defendant company was negligent in starting its train before plaintiff had a reasonable time to alight therefrom in safety and in starting the same at an unusual rate of speed and with a sudden jerk and in stopping said train suddenly and in failing to have its platform lighted where passengers were expected to alight from said train and in failing to place the step or stool to facilitate her safe departure from said train, and that each and all of the acts of negligence acted together to cause her injury." That by reason of the injury she suffered great pain and still continues to suffer, and is advised that she will so continue to suffer during her lifetime. That she was a strong, healthy girl before the injury and able to perform household duties and out-of-door work and to earn the sum of three hundred dollars per year. That by reason of said injuries she has been confined to her bed, and has incurred doctor's bill to the amount of seventy-five dollars, and that she has suffered great pain and still suffers, and that she is permanently disabled from performing any manual labor for the remainder of her life. All to her damage in the sum of $ 25,000.

The answer denied the material allegations of the complaint alleged that if the plaintiff had been damaged or injured it was caused by her own contributory negligence and as a result of the risk and hazard which she voluntarily assumed.

The evidence tended to show that she, with her mother, stepfather and the other four children of the family, were passengers on the train from Hoxie to Minturn, Arkansas, on December 6 having first procured tickets for the journey. That her father told the brakeman en route that he had his family on the train and wanted time enough to get off. That the train arrived at Minturn before daylight, about 5 o'clock, and the station was not lighted. She stated: "When the train came to a full stop, I started to get off immediately, and went straight to the steps. I got to the second step. The train started off at once, and throwed my right shoulder up against the end of the coach. The train run down there to the road crossing, and then come right back. When it turned to come back, it just come back all at once as hard as ever it could, and then my shoulder was hurt. My back was hurt. After it stopped I got off but couldn't stand nor walk without assistance and sat down. Papa and Mama helped me over to the boarding house, and I felt pain at that time right through the small of my back and in my shoulder. Still pains yet. We stayed at Truby's until 12 o'clock, and then we went home. Dr. Steele was called to Truby's to see me. They put hay in the wagon, and I lay down on it, and they put quilts over me. I suffered pain on the way home, principally right up and down the small of my back. When we got home they helped me to the house, and put me to bed and I don't remember all that occurred after that time. Some of it I remember, and again I don't remember anything. When I was in my right mind, I was suffering pain in my shoulder and back. They said I was sick two months. It has been about three weeks since I got up so I could sit up. Since I have got able to walk by myself, I can't tell that I am improving a bit. I feel pain now in my hips and back. Don't bother me anywhere else, just in my back and pains go just like knives sticking in my back. When I am sitting still, I don't suffer at all; just let me get up and go walking, and I suffer in my back. I can't straighten up nor walk straight. When I walked over here to the witness stand, I was walking just as straight as I can walk. I try to walk straight and I can't. Dr. Steele waited on me until I got up. I was up the last time he came. Before the accident I was always healthy and well; never was sick, and walked straight, and had no trouble with my back."

The fourteen-year-old sister of the plaintiff was not injured and she was standing behind her at the time of the injury, but had nothing in her arms to prevent her holding while the plaintiff said she had her father's overcoat and "some other things, had my arms full, is the reason I couldn't hold."

It was shown that when the train first stopped some passengers and Mr. McCullough, with a child in his arms, got off. The porter said "All right!" and, as the brakeman said, "the train started before the lady folks got off; some one of the girls, this Miss Trotter, I believe it was, tried to come down the steps, and I jumped on, got hold of the hand rails and held her until the train stopped. I told the auditor to pull the air, and we just pulled up a car length and stopped, and let them off without any jar or any accident that I could see. Nobody was thrown down on that occasion nor was there any unusual jerk or jar. The train pulled down a car length before it made the second stop, and didn't back up any, and nobody made any complaint whatever.

The conductor of the train testified that the train came to a stop, and he went to the baggage car to see to the loading and unloading of the baggage, and after it was done there was apparently no one else to get off the chair car, and the porter holloed "All right!" that he was through, and I gave the signal for the engineer to move which he did. He moved a car length up to the time he stopped. I saw these other people get off. There was no jerk nor jar of the train that I know of. The porter was standing right even with the baggage car door when he holloed "All right!" and the brakeman was down where the passengers were alighting.

The baggageman also testified that on the occasion of the stop at Minturn none of the baggage was jarred down in the car, which was right behind the engine. That it was a very unusual thing to have baggage jarred down.

The auditor testified that the train stopped at Minturn on this morning. That there were six or seven passengers unloaded, and he found there were several more to get off the train, and the train was brought to a stop, and the passengers were let off. The train didn't back up any, nor was there any unusual jerk or jar. Nobody was thrown down on that occasion, and nobody made any complaint. It is unusual for the train to start off before all the passengers get off. I think there were both men and women got off of the train. I remember especially a gentleman getting off with a child in his arms. I am not supposed to know where the porter was, but surmise he was unloading baggage. After the train started the first time, I noticed these several women still wanting to get off, and I called the brakeman's attention to the fact, and he said: "Pull the cord twice," which I did.

The mortuary tables showing life expectancy were introduced by the agent of the life insurance company, and showed expectancy of a girl 17 years old 44.19 years and at 18, 43.53 years. He testified that the table was given by the National Life Insurance Company of the United States, but that the Equitable and the Missouri State Life and all others were the same.

Dr Steele testified: "I was called to attend Ada Trotter about December 6 at Minturn at Mr. Truby's house. I found her very nervous and excited, and she complained of her shoulder and hip and back being hurt and bruised. I found that the hide was skinned, and was very much irritated and bruised. Bruises were on the right shoulder and left hip and small of her back, and her flesh was discolored. I waited on her after that, and the last time I made a call on her was January 29 last. She has been under...