Wise v. Fannin

• Citation: 306 Ky. 327
• Parties: Wise v. Fannin.
• Decision Date: 16 January 1948
• Court: United States State Supreme Court (Kentucky)

306 Ky. 327

Wise v. Fannin.

Court of Appeals of Kentucky.

January 16, 1948.

1. Carriers. — Relation of carrier and passenger arose between plaintiff and bus company when plaintiff started boarding bus company's bus waiting in front of bus station with door open ready for passengers to board it, with intention to take passage and pay her fare.

2. Carriers. — A bus company as a common carrier of passengers owes to passengers the highest degree of care in transporting them to protect them from dangers that foresight can anticipate

and to exercise utmost skill, diligence and foresight for passengers' safety consistent with practical operation of the bus.

3. Carriers. — A common carrier is under no duty to assist a passenger in boarding or alighting from its vehicle, in absence of a request from passenger for such assistance or circumstances showing an employee of carrier had notice that such passenger needed assistance.

4. Carriers. — Common carrier is not liable to a passenger for injuries by negligence of a fellow passenger or a stranger when action of such fellow passenger or stranger could not have been reasonably foreseen.

5. Carriers. — Although bus company owes highest degree of care to passengers, a breach of duty by its driver can only be found in his failure to exercise proper diligence in the circumstances.

6. Carriers. — As respects liability of bus company for injuries sustained by passenger, bus driver may be bound to apprehend danger but his duty is limited to natural and probable danger and he is not bound to anticipate or take precautions against unforeseeable danger in the normal course of events.

7. Carriers. — Driver of a bus or some other employee is not under duty to remain with bus all the time and not to leave it for an instant when there is no reason to anticipate that a passenger boarding or alighting from standing and unguarded vehicle would be injured by negligence of a fellow passenger.

8. Carriers. — Driver of bus was not negligent because of leaving bus unattended while it was standing in front of bus depot with door open ready for passengers to board it so as to make bus company liable for injuries sustained by passenger when she attempted to board bus because a small boy sitting in the driver's seat gave the door a slam causing it to strike passenger.

Appeal from Boyd Circuit Court.

J.S. Fullerton for appellant.

John W. McKenzie for appellee.

Before Watt M. Prichard, Judge.

OPINION OF THE COURT BY CHIEF JUSTICE SIMS.

Affirming.

Appellant, Mrs. Sadie Wise, sought to recover of appellee, C.E. Fannin, doing business as Blue Ribbon Lines, the sum of $2,565 for personal injuries alleged to have been received by her while boarding a bus of appellee in Ashland. At the conclusion of appellant's evidence the court sustained appellee's motion for a directed verdict and Mrs. Wise appeals.

Appellant's proof shows that on Feb. 10, 1946, she went to Thirteenth Street in Ashland where she found a bus of appellee parked in front of the...