Davidson v. Washington & Old Dominion Railway
Davidson v. Washington & Old Dominion Railway
Opinion of the Court
delivered the opinion of the court.
This is an action to recover damages for personal injuries sustained by the plaintiff, Miss Harriet W. Davidson, while in the act of alighting from one of the electric cars of the defendant, Washington and Old Dominion Railway. There was a demurrer to the evidence, upon which the trial court rendered a judgment for the defendant, and thereupon the plaintiff brought the cause here upon a writ of error.
Without any analysis of the declaration, it is sufficient to say that the theory relied upon by the plaintiff and combated by the defendant at the trial and on this appeal was, as stated in the petition for the writ of error, “that the company failed to provide any steps at the door through which she fell, and permitted conditions to exist which led her to believe that the company intended and desired her to alight at that point.”
The accident occurred shortly after dark at the terminus of the car line in the city of Washington. The plaintiff was an unmarried woman, fifty-two years of age, in normal health, experienced in business affairs, and a daily traveler on street cars. She had boarded the car involved in’ this case at Herndon, a station in Fairfax county, where she had been for a short visit. The train consisted of two cars. She took the head or front car because the one in the rear was to be detached before reaching her destination in the city. She entered from the rear, and could not have entered from the front because it was a combi
When the plaintiff entered the car, all the seats were filled and passengers were standing in the aisle. This condition continued all the way to the final stop. The plaintiff stood for some time, and was then offered and accepted a seat at the extreme front end, and sat there with her back to the partition until the terminus of the line was reached. She did not see the sign over the door, did not know there was another compartment, and supposed the door by her side opened like the rear door on a platform. When the car stopped, she sat still for a moment or two watching the crowd. Passengers were hurrying off in both directions. She testified that as a regular traveler on street cars she had always been taught to enter cars at the rear and leave at the front, and, furthermore, that it would have been impossible for her to push her way toward the rear door of the car through “the crowd that surged to go out of the front door,” and that she followed the crowd that way, and was very much surprised to find herself, instead of on the platform, in a small, dark baggage compartment which
„ The brief of counsel claims that there were eight particulars in which the defendant was negligent. It will involve some repetition, but we shall notice those specifications briefly and in their order.
The evidence in this case discloses, without dispute or question, that the defendant furnished a safe and proper platform and steps for entrance to and exit from the car in question; that the car stopped in a well lighted terminal and for a sufficient length of time to permit the safe and orderly discharge of plaintiff and other passengers through the ex-it provided for that purpose; that the conductor in charge of the car was at the platform and steps aiding and assisting the passengers; that the plaintiff knew of the existence of the platform and steps at the rear, and there was nothing for which the defendant' was responsible which could have led her to do the irregular and apparently reckless thing of trying to leave the car by a short cut through the baggage compartment. It follows that there was no negligence on the part of the defendant, and therefore we need not go into the question of the plaintiff’s contributory negligence.
“It is not negligence to fail to take precautionary measures to prevent an injury, which if taken would have prevented it, when, the injury could not reasonably have been anticipated, and would not have happened but for the occurrence of exceptional circumstances. The first requisite of proximate cause is the doing or omitting to do an act which a person of ordinary prudence could foresee might naturally or probably produce the injury, and the second requisite is that it did produce it.” Va. I. C. & C. Co. v. Hughes, Adm’r, 118 Va. 741, 88 S. E. 92.
In the case of Mitchell v. Southern Ry. Co., 118 Va. 642, 648, 88 S. E. 56, Judge Keith in delivering the opinion of the court quoted with approval the following extract from the opinion in the case of Michigan Central R. Co. v. Coleman, 28 Mich. 440: “Where a railroad company has a platform and other facilities for entering and leaving cars with safety on the depot side of their track, the failure to have the opposite side likewise prepared as a place for entering and leaving the cars cannot be regarded as negligence; they may select and adhere to such arrangements of their depots and platforms as they see fit, if those they make are sáfe and commodious. Passengers cannot be supposed to be ignorant of the neces.sity and use of platforms, and when a platform is in plain sight which they must know was made for their use, they cannot properly complain that they are not accommodated; they are required to conform to the reasonable business arrangements of the railroad.”
In 4 Elliott on Railroads, section 1641, page 2592, it is said that “if a railroad company has exercised ordinary and reasonable ca,re, we think it is not liable for failing to guard against accidents that could not reasonably have been an
The demurrer to the evidence was properly sustained, and the judgment complained of is affirmed.
Affirmed.
Reference
- Full Case Name
- Davidson v. Washington and Old Dominion Railway
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- 3 cases
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- Syllabus
- 1. Carriers of Passengers. — Person Assisting Passengers to Alight —Presumption as to Whether Such Person an Employee of Company. — A passenger was injured while alighting from the baggage end of a combination passenger and baggage or mail car. The front end of the car was the baggage or mail compartment and there were no steps from the front ‘platform to the ground. She was assisted.to alight by a man wearing a cap and uniform, but the passenger was unable to state whether the cap and uniform which this man wore was that of an employee of another transportation company, whose cars were only a few steps away, or the uniform of the defendant company, or the uniform of the United States Army. The employees of the carrier testified that they had warned the passengers to keep out of the baggage compartment. Held: That it could not be presumed merely from the presence of the man in the cap and uniform that he was an employee of the defendant company, much less that he was acting for it, and while plaintiff got no specific warning from the employees of the company, their testimony was not contradicted, and was sufficient to show that the defendant did not authorize one of its employees to invite and assist passengers to use that end of the car in alighting. 2. Carriers. — Carriers of Passengers — Using Wrong End of Car for Alighting. — A passenger was injured while alighting from the front end of a combination passenger and baggage or mail car. The front end of the car was the baggage or mail compartment and there were no steps from the front platform to the ground. The passenger had entered from the rear of the car. Over the door of the baggage or mail compartment was a sign “No admittance.” Accepting the passenger’s statement that she did not see this sign, its existence was one of several circumstánees which justified the company in assuming that passengers would not undertake to use that door as a means of exit. There were other circumstances to admonish the passenger that she was not expected to' go out that way. Held: That the defendant company had the right to assume that passengers would exercise their senses, and would use the means that were plainly provided for their use, and not undertake to use those which were plainly not so intended, and that no negligence was shown on the part of the defendant company. 8. Carriers. — Carriers of Passengers — Using Wrong End of Car for Alighting — Warning Passengers. — A carrier is not negligent in not giving a passenger notice that she was expected to alight from the rear end of the car, when the construction of the car was in itself such a notice to any reasonably thoughtful person. 4. Carriers.- — Carriers of Passengers — Passengers Alighting from Wrong End of Car. — Where there was nothing to show that the doors of the baggage compartment of a combination baggage and passenger car were opened by any employee, or pursuant to any authority of the carrier, and the employees of the carrier attempted to.deter passengers from making their exit through the baggage compartment, and it appeared at a glance from either door of the baggage compartment that passengers were not expected to go out that way, defendant carrier was not negligent in permitting the doors of the baggage compartment to be left open. 5. Carriers op Passengers. — Alighting—Wrong End of Car. — Plaintiff was injured while alighting from the baggage platform of a combination passenger and baggage or mail car. There were no steps at this end of the car. The conductor’testified that he warned passengers on that occasion to keep out of the baggage car, and that it was his practice to keep them out; and the motorman testified that when the car stopped he en- • deavored to turn a passenger back from going out that way, and closed the door between the compartments. Held: That although a number of passengers as well as the plaintiff, passed out of the front end of the car through the baggage compartment, the evidence was not sufficient to establish a practice or custom by the defendant company of permitting passengers to alight from the front end of the car. 6. Carriers. — Carriers of Passengers — Care Required. — Passengers are entitled to expect and demand from carriers the highest degree of care for their protection and safety, but this rule does not go to the extent of requiring carriers to'exercise a guardianship over passengers who are adults and mentally competent, or to undertake to coerce them into the exercise of ordinary care for their own safety. 7. Carriers. — Carriers of Passengers — Alighting—Steps.—A carrier is not negligent in failing to provide steps from the door of the baggage compartment of a combination passenger and baggage car to the ground, as the carrier is under no obligation to provide steps for passengers at a place plainly not intended for their use. S. Carriers. — Carriers of Passengers — Alighting.—Where a passenger was injured in alighting from the baggage platform of a combination baggage and passenger car, the fact that the motorman’s stool was used at the door by passengers in alighting does not establish the negligence of the carrier, where there was nothing in the evidence to show that any employee of the company, or anybody 'with the company’s authority made such use of the stool. 9. Carriers. — Carriers of Passengers — Alighting.—-Where a passenger was injured in alighting from the baggage platform of a combination baggage and passenger car, the fact that a man in a cap and uniform was assisting passengers to alight does not establish the negligence of the carrier, where there was nothing else in the evidence upon which to base an inference that he was acting for the company. 10. Carriers. — Carriers of Passengers — Alighting — Burden of Proof. — In an action by a passenger for injuries sustained while alighting from a car, the burden is on the plaintiff to prove the negligence complained of, and where the passenger claimed that defendant was negligent in permitting to be standing at the door of the baggage compartment of a combination baggagq and passenger car a man in a cap and uniform who was assisting passengers to alight, the burden was on the passenger to show that this man was an employee of the company or acting under its authority. 11. Carriers. — Carriers of Passengers — Alighting — Warning. — A carrier is not negligent in failing to warn a passenger of an unusually long step which she would have to take in alighting from the top of a stool to the ground, where it was not shown that the carrier was responsible for the use of the stool by passengers in alighting from a platform not intended for the use of passengers.