Brackett v. Southern Ry.
Brackett v. Southern Ry.
Opinion of the Court
The opinion of the Court was delivered by
On January 16, 1909, the plaintiff, Lucy A'. Brackett, purchased at Gaffney a ticket over defendant’s road from that place to Union, South Carolina, and took a train leaving Gaffney about two o’clock p. m., and arriving at Spartanburg about three o’clock p. m. There was no train leaving Spartanburg for Union until about eight o’clock p. m. The five hours intervening between her arrival at Spartanburg and her departure for Union the plaintiff spent in the waiting room at defendant’s station. The plaintiff recovered judgment for $200 on a complaint alleging that, although the day was cold, the defendant did not have its waiting room heated, and its *449 agents paid no attention to the request of plaintiff’s husband that it should be made comfortable; that plaintiff was a stranger in Spartanburg, without the means to pay for entertainment elsewhere; and that the exposure to cold during her menstrual period resulted in serious and permanent sickness. There was evidence tending to sustain these alleJ gations of the complaint. On the other hand, there was no doubt that the plaintiff could have taken a train leaving Gaffney at about seven o’clock p. m., and making close connection at Spartanburg with the train for Union, and that there was a hotel very near defendant’s station, where plaintiff could have waited in .comfort without charge. There was evidence on the part of the defendant that the waiting room, which is kept open practically all the time, was comfortably warm on the day plaintiff was there, and that no complaint of the cold nor request for more heat was made by any one.
*451 .way company the duty of furnishing a lodging place for persons to lounge around or wait in for an unreasonable length of time before the arrival of the train- which such person intends to take. * * * If the evidence shows that the plaintiff could, by the exercise of any reasonable means at her command, have prevented any damages from coming to her, and it appears that she carelessly failed to make any reasonable effort to avail herself of such means, and that this contributed in any manner as a proximate cause to her injuries, she cannot recover. * * * I charge and instruct you that a railroad company is only bound to open its depot and keep it warm for such time as is reasonably necessary to secure to the traveler the right to be carried on its train. Tf, therefore, the evidence shows that a person goes to a depot and remains there for a longer time than is reasonably necessary to give such person the full enjoyment of the right to be carried upon the train, then the railroad cannot be held liable, even if they are made sick by remaining there.”
There is much strong authority supporting this proposition and the-argument in its favor has often been forcibly stated in textbooks and judicial decisions. But we think the weight of reason and authority sustains the rule adopted by this Court in Holcombe v. Southern Railway Company, *452 supra, that the burden of extraordinary care is on the carrier in the management of its stations as well as in the operation of its cars. The authorities on both sides are collated in 4 Elliott on Railroads, sec. 1590; Fetter on Carriers, vol. I, p. 98; and Fremont etc. Ry v. Hagblad (Neb.), 4 L. R. A. (N. S.) 254. The public business of carrying passengers is now so controlled by a few persons or corporations that those -who travel must of necessity use their stations and waiting rooms, and with increasing population the number of persons using these stations is constantly on the increase. The arrangements for the comfort and health of all classes of the general public, — women and children, the old and the feeble, the ignorant and inexperienced, — are under the exclusive control of the carriers, and it seems but reasonable that they should be held to a very high degree of care in providing at their stations for the safety and comfort of those whom they impliedly invite to use their stations and waiting rooms.
Another cogent reason against applying the rule of extraordinary care in relation to the roadbed, track, cars, appliances, and the like, and the rule of ordinary care as to the construction and maintenance of stations and waiting rooms, is that the attempt to apply different rules will often result in the greatest perplexity and the most refined distinctions in determining whether an injury complained of should be referred to a condition existing in the station or to the operation of a train.
All the exceptions must be overruled.
It is the judgment of this Court that the judgment of the Circuit Court be-affirmed.
Reference
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- Brackett v. Southern Railway
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- 1. Physician — Party.—A plaintiff suing for personal injuries is not required to submit to personal physical examination by disinterested physicians. 2. Carrier — Passenger—Issues.—Under the evidence here, whether the plaintiff should have anticipated that waiting in a cold waiting room for five hours, whether any reasonable effort on her part would have enabled her to find accommodations elsewhere, whether she should have imposed on the carrier the burden of providing accommodations for so long a time, whether she should have taken a train making closer connection, are issues for the jury. 3. Ibid. — Ibid.—Women.—The presence of a woman's menstrual period is a normal condition and must be taken notice of as such by carrier in providing accommodations for both sexes. 4. Ibid. — Ibid.—Charge as to duty of carrier to passenger in its station waiting rooms and of duty of passenger to prevent damages from accommodations furnished held proper. 5. Ibid. — Ibid.—A carrier owes the same degree of care to passengers in its waiting rooms as on its trains.