Louisville & Interurban Railroad v. Bullock
Louisville & Interurban Railroad v. Bullock
Opinion of the Court
Opinion op the Court by
— Affirming.
This is an appeal from a judgment for $500.00 for damages alleged to have been caused by appellant’s negligence in carrying appellee past her destination.
On the afternoon of April 13, 1920, appellee boarded one of appellant’s interurban cars at Sixth and Main streets in Shelbyville, with the intention of leaving the car at Adair avenue in the western part of the city. The car was equipped with push buttons. When the car reached Magnolia avenue, the next stop east of Adair avenue, two passengers got on the car, and appellee claims that she then pushed the button and heard the bell ring. After that she pushed the button several times, and, as the car did not stop, she appealed to a young man on the car, who pulled the bell cord and caused the oar to stop at the Smithfield pike. Prom that point the distance to
Appellant introduced evidence to the effect that it was a rule for passengers to notify the conductor where they intended to get 'off, and that push buttons were not used for that purpose. The conductor testified that the bell was not rung before the car reached Adair avenue, and he declined to back the car because it was not his fault that appellee was carried past her destination.
The contention that appellant was not negligent because appellee did not notify the conductor in person of her intention to get off at Adair avenue cannot be sustained. Whether the company might dispense with push buttons and require all passengers to notify the conductor where they intend to get off, it is unnecessary to determine. It is sufficient to say that push buttons are ordinarily used for that purpose, especially in towns and cities, and where the company malees use of cars equipped with push buttons, this of itself is an invitation a passenger to use them, and it will not be heard to say that the means thus provided were insufficient, and that the passenger should have resorted to some other method of notifying the conductor where he intended to get off the car.
(On the question whether appellee pushed the button before reaching Adair' avenue, we think the evidence was sufficient to take the case to the jury.
But it is insisted that the verdict is excessive. The argument is that it is just as probable that the attack of asthma was brought on bv appellee’s walk up the hill before taking the ear, as by the extra walk caused by her being carried past her destination. It is true' that one
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.