Sellers v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.
Sellers v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.
Opinion of the Court
Appellant, plaintiff herein, asks damages for personal injury received by her in alighting from one of appellee’s passenger-trains. The complaint was in two paragraphs, to each of which a demurrer for want of facts was sustained, and judgment was rendered against appellant for costs. The only question presented is the sufficiency of the complaint.
Omitting the formal parts of the first paragraph, it alleges, in substance, that plaintiff purchased a ticket from defendant at Anderson, Indiana, for Louisville, Kentucky; that she embarked on one of defendant’s passenger-trains at Anderson; that Jeffersonville, Indiana, is on the direct line of said defendant’s railroad between Anderson and Louisville; that when the conductor of said train took up plaintiff’s ticket she informed him that she desired to get off at Jeffersonville, and the conductor thereupon agreed
Appellant took passage on the train of appellee under a contract to be transported from Anderson, Indiana, to Louisville, Kentucky. She concluded to leave the train at Jeffersonville, and was told by the conductor that she could get off at a place called the North Tower. It is alleged that the conductor promised to assist her in alighting. At said North Tower there was no platform, nor convenience of any kind, provided upon which to alight. It is not alleged in either paragraph that it was the duty of appellee, by its rules and schedules, to stop said train at either Jefferson-ville or at said North Tower for the purpose of taking on or of discharging passengers, nor to provide a platform at said point.
' “A railroad company is not bound to stop and allow a passenger to get off except at a regular station of stopping place.” Pittsburgh, etc., R. Co. v. Nuzum (1875), 50 Ind. 141, 19 Am. Rep. 703. In Ohio, etc., R. Co. v. Hatton (1877), 60 Ind. 12, it is said: “It is not competent, we
The failure to maintain a platform and the failure of the conductor to assist the appellant to alight are the delinquencies charged against the appellee. They are not sufficient to show negligence against appellee. In line with the eases cited we refer to the following: White v. Evansville, etc., R. Co. (1893), 133 Ind. 480; Pittsburgh, etc., R. Co. v. Lightcap (1893), 7 Ind. App. 249; Chicago, etc., R. Co. v. Field (1893), 7 Ind. App. 172, 52 Am. St. 444; Sage v. Evansville, etc., R. Co. (1893), 134 Ind. 100; Ohio, etc., R. Co. v. Applewhite (1876), 52 Ind. 540; Cooper v. Lake Erie, etc., R. Co. (1894), 136 Ind. 366; Smith v. Louisville, etc., R. Co. (1890), 124 Ind. 394; Evansville, etc., R. Co. v. Barnes (1893), 137 Ind. 306. The complaint was correctly held defective.
Judgment affirmed.
Reference
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- Sellers v. Cleveland, Cincinnati, Chicago & St. Louis Railway Company
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