Witters v. Metropolitan St. Ry. Co.

• Decision Date: 07 November 1910
• Citation: 132 S.W. 38,151 Mo. App. 488
• Parties: WITTERS v. METROPOLITAN ST. RY. CO.
• Court: Missouri Court of Appeals

132 S.W. 38

151 Mo. App. 488

WITTERS v. METROPOLITAN ST. RY. CO.

Kansas City Court of Appeals. Missouri.

November 7, 1910.

Rehearing Denied December 5, 1910.

1. CARRIERS (§ 297)—CARRIAGE OF PASSENGERS—PERSONAL INJURIES—RATE OF SPEED.

It is no defense to an action for personal injuries to a street car passenger, by rounding a curve at too high a speed, to show that such speed was usual, where it was not unavoidable.

2. CARRIERS (§ 318)—CARRIAGE OF PASSENGERS—PERSONAL INJURIES—VERDICT—SUFFICIENCY OF EVIDENCE.

In an action for personal injuries to a passenger on a street car, by being violently thrown down by rounding a curve at too high a speed, evidence held to support a verdict for plaintiff.

Appeal from Circuit Court, Jackson County; Jas. E. Goodrich, Judge.

Action by Edith Bell Witters against the Metropolitan Street Railway Company. From a judgment for plaintiff, defendant appeals. Affirmed.

John H. Lucas, F. G. Johnson, and Chas. N. Sadler, for appellant. Henry J. Latshaw and M. B. Aaron, for respondent.

BROADDUS, P. J.

This is a suit to recover damages for injuries sustained by plaintiff by reason of the alleged negligence of defendant while she was a passenger on one of its street cars.

The injury was received at Twenty-Second and Charlotte streets in Kansas City, Mo., at about the hour of 6:20 o'clock p. m. on January 10, 1907. At about 6 o'clock it was the habit of plaintiff, who was employed in Peck's Dry Goods Store in said city, to quit her work and take passage on what was known as the Holmes Street electric cars, near the corner of Eleventh and Main streets. She was accompanied as usual by another young woman named Laula Hester. This was what is known as a single-truck car with the wheels attached to the body of the car. The car had one longitudinal seat on each side extending almost from one end to the other; the seat on the west side of the car extended to within about two feet of the rear end, on the end of which there was a brass arm extending up a short distance to prevent people from falling off; that at the time plaintiff boarded the car Miss Hester obtained a seat but there was no other vacant, and plaintiff was compelled to stand up and support herself by holding onto a strap suspended from overhead. There was a curve in the defendant's track at Twenty-Second and Charlotte streets with which the plaintiff was familiar. Plaintiff's evidence tends to show that the car in entering said curve was going at a speed of about 15 miles an hour; that the jar of the car was so great that it jerked plaintiff's hand from its hold of the strap and threw her down; that in falling she struck the brass arm at the end of the seat, and was thereby injured. Plaintiff testified that she was holding tightly to the strap at the time and steadying herself the best she could. The evidence of Miss Hester corroborated that of plaintiff as to the facts stated. There was evidence to the effect that other persons were thrown down in a similar manner at said curve. It also appeared that the other passengers in the car were more or less thrown about. The plaintiff resumed her journey to her home and suffered some during the night, but went to the store the next morning, but was unable to continue work and went to the sickroom kept at the store; but in the evening went home. A doctor was called who attended her for six weeks. She was severely...