Villa v. United Electric Rys. Co., s. 6924-6925.

• Decision Date: 11 June 1931
• Docket Number: Nos. 6924-6925.,s. 6924-6925.
• Parties: VILLA v. UNITED ELECTRIC RYS. CO. (two cases).
• Court: Rhode Island Supreme Court

155 A. 366

VILLA

v. UNITED ELECTRIC RYS. CO. (two cases).

Nos. 6924-6925.

Supreme Court of Rhode Island.

June 11, 1931.

Exceptions from Superior Court, Providence and Bristol Counties; Jeremiah E. O'Connell, Judge.

Separate actions by Louisa Villa against the United Electric Railways Company and by Carlo Villa against defendant named. Verdict for plaintiff in each case, defendant's motions for new trial were denied, and defendant brings exceptions.

Exceptions sustained.

William A. Gunning and Oreal Grossman, both of Providence, for plaintiffs.

Clifford Whipple and Frank J. McGee, both of Providence, for defendant.

STEARNS, C. J.

These are two actions of trespass on the case for negligence brought by Louisa Villa and her husband to recover damages resulting from injuries sustained by Louisa Villa as she approached a street car of defendant on Pawtucket avenue with the intention of boarding said car. The cases were tried together, and resulted in a verdict for each plaintiff. Defendant's motions for new trials were denied by the trial justice, and the cases are in this court on defendant's bills of exceptions.

The facts are as follows: On April 29, 1929, Mrs. Villa and her sister, having completed an errand at a business establishment on Pawtucket avenue, started to walk on the sidewalk in the direction of Pawtucket. After walking a short distance, they stopped at a white pole to wait for a street car. After waiting a while, they walked to another white pole, where they remained for five minutes until a street car came along.

Pawtucket avenue in this vicinity at the time was in process of reconstruction. Cobblestones had been removed from the street gutter and placed in low piles along the sidewalk about three feet inside of the curb. Between these piles and the curb the ground was soft as a result of preparations made to lay gas pipes. Near the white pole where Mrs. Villa was standing was a clear space where a person could board a street car without stepping over the stones. The surface of the highway was about one and one-half feet below the curb; it had been rolled by a steam roller, and was in condition to be used by foot passengers. As the plaintiff was waiting a trolley car approached the white pole and came to a stop; the rear door was about three yards beyond the white pole. The motorman testified that he stopped at this place so that the front of his car was on Sayles avenue, where an easy and safe entrance could be made into the car, and that he motioned to the plaintiff, her sister, and another woman who were standing at the white pole, to enter at the front of the car. The three women started toward the car, and two of them stepped safely over the cobblestones and entered the car by the rear door. Plaintiff followed the other women, stepped over the stones, and, as she started to take the next step, she stumbled over a loose cobblestone which was on the sidewalk or in the gutter; she fell to the ground and struck her leg against the lower step of the trolley car and was injured.

At the time Mrs. Villa was carrying a box in her hand. She says that she was looking at the car, but did not see the stone over which she fell, until after her fall, and that,...