Hines v. Garrett
Hines v. Garrett
Opinion of the Court
delivered the opinion of the court.
The plaintiff is a young girl, between eighteen and nineteen years of age, and the object of the suit is to hold the defendant, director general of railroads, liable in damages for two acts of rape upon her person, committed by two men shortly after she had been, as she alleges, negligently required to leave the defendant’s train in a dangerous and unprotected place.
The evidence was in some material respects conflicting, but substantially the following facts were either conclusively established or supported by evidence which would have justified the jury in accepting them as true. The occurrences complained of transpired in daylight, but very shortly before dark, on the 2nd . day of February, 1919. The plaintiff was a passenger on the defendant’s train and held a ticket from the city of Washington, D. C., to a station called Seminary, in Fairfax county. The train failed to stop at Seminary, and thereupon another passenger, one W. L. Garnett, who also held a ticket for that station, called the attention of a flagman to the fact that he had bought a ticket for that place and wanted to get off. The train was then stopped, and Garnett alighted and walked by a near way to his home. About that time the plaintiff told the conductor she had a ticket to Seminary, and she was about to get off, but he directed her to wait, as he intended to back the train to the station. This occurrence took place
There is no direct claim made before us that the plaintiff fabricated in whole or in part the story upon which she brings this suit, but there seems to be an implied contention to this effect. The questions involving her integrity and veracity and the probable truthfulness of her narrative, however, if indeed such questions are intended to be presented to us, were peculiarly questions for the jury; and we must now treat that narrative as true. And it is proper to add that upon a critical examination of the record we do not think her story is seriously discredited. Her character for chastity and for truth and veracity is not im
The point at which the plaintiff left the train was about four-fifths of a mile from the flag-station known as Seminary, and there was abundant evidence to show that on the right-hand side of the railroad track, leading back from that point to Seminary, there was a ravine or depression, locally known as “Hoboes’ Hollow,” “Tramps’ Hollow,” and “Tramps’ Den,” which was then, and had been for at least a year (during the whole of the regime of the director general of railroads), habitually frequented and infested by hoboes, tramps and questionable characters. The attractiveness of the place for such characters is fully explained in the record.
There was a verdict and judgment for the plaintiff, and the defendant brings the case here for review.
There were twelve general assignments of error, and the actual number was materially larger, owing to the fact that two of the assignments dealt more or less particularly with each of the unnecessarily numerous instructions involved, but we think the merits of the case and the substantial differences between the parties may be reduced to two questions: (1) Was the plaintiff ejected from the defendant’s train under such circumstances as to entitle her to claim the relationship of a passenger until she had returned to Seminary station, the point to which she held a ticket; (2) if so, can the assaults to which she was subjected be regarded as proximately caused by such wrongful ejection from the train?
1. It is contended that the plaintiff is not entitled to recover because she had voluntarily terminated her relationship as a passenger by accepting the alternative which the
A brief discussion of the principles of law applicable in this connection will be helpful in reaching a correct answer to the question now under consideration.
The plaintiff’s instructions did not, in our opinion, adequately submit this question to the jury, and those asked for by the defendant on that subject were rejected. This was error. We shall not discuss the instructions in detail. What we have said will be a sufficient guide for the trial court in formulating instructions when the case comes to trial again. It only remains to say that if the jury should find that the plaintiff did exercise a, free will and deliberate judgment, unhampered by any improper conduct on the part of the conductor, and decided to leave the train rather than incur the inconvenience of taking the other course, then she did terminate her relationship as a passenger and assumed the risk of the consequences which befell her. She had not attained her majority, but she was an intelligent young woman, in business for herself, accustomed to riding on trains, and legally competent to make a deliberate choice.
With this question we have no difficulty; it is clearly to be answered in the affirmative.
Nor can it be said that the plaintiff assumed the risk of the danger. That depended upon whether she acted deliberately and voluntarily; and under the present branch of the case we are assuming, that which the jury might under proper instructions have found, that she was in effect ejected from the train by having to act hastily and without reasonable opportunity for thought or deliberation in an emergency which was wrongfully brought about and improperly dealt with by the defendant.
We do not wish to be understood as questioning the general proposition that no responsibility for a wrong attaches whenever an independent act of a third person intervenes between the negligence complained of and the injury. But, as pointed out by Judge Keith in Connell v. C. & O. Ry. Co., 93 Va. 57, 24 S. E. 467, 32 L. R. A. 792, 57 Am. St. Rep. 786, this proposition does not apply where the very negligence alleged consists of exposing the injured party to the act causing the injury. It is perfectly well settled and will not be seriously denied that wherever a carrier has reason to anticipate the danger of an assault upon one of its passengers, it rests under the duty of protecting such passenger against the same.
The Virginia cases relied upon by the defendant do not sustain its position. Neither in the case of Connell v. C. & O. Ry. Co., supra, nor in Fowlkes v. Southern Ry. Co., 96 Va. 742, 32 S. E. 464, could the defendant have been reasonably expected to anticipate the consequences for which the plaintiff sought to recover. Those cases applied the same rule which we have applied in this case, and held that
Upon this branch of the case, there was no error in the instructions, or otherwise, to the prejudice of the defendant, and we think, therefore, that the plaintiff should recover the amount of the damages fixed by the verdict of the jury, unless at another trial a jury, upon instructions in accordance with the views hereinbefore expressed, should find for the defendant upon the question as to whether the plaintiff exercised a free and voluntary choice in leaving the train. If they should so find, there should be a final judgment for the defendant. Upon all other questions, including the amount of damage, the parties have had a fair trial, and we shall, therefore, remand the cause solely for the determination of the one question indicated. This course is taken pursuant to Section 6365 of the Code of 1919, which provides that “a civil case shall not be remanded for a trial de novo, except when the ends of justice require it, but the appellate court shall, in the order remanding the case, if it be remanded, designate upon what questions or points a new trial is to be had.”
Reversed.
Reference
- Full Case Name
- Walker D. Hines, Director General of Railroads v. Julia Mae Garrett
- Cited By
- 37 cases
- Status
- Published
- Syllabus
- 1. Carriers—Relationship of Carrier and Passenger—Duration of the Relationship.—The relationship and liability of a carrier to a passenger, having once commenced, will ordinarily continue, until the passenger has reached his destination; but such relationship and liability may be terminated at some other point by the passenger’s voluntary departure from the carrier’s vehicle. 2. Carriers—Duty to Stop at Station to Which Passenger Holds Ticket—Duty to Return to Station.—When a passenger holds a ticket for a particular station, the general rule is well settled that the train must be stopped at that station and a reasonable opportunity given the passenger to disembark. If it does not stop and the passenger is carried beyond his destination, then it is the duty of the carrier to return him to the station to which . he holds a ticket. This does not mean, however, that in all cases the carrier is bound to run the train back to the station; that, of course, will depend upon circumstances, including in particular the question as to how far the train has gone beyond the. passenger’s destination before the mistake is discovered. 3. Carriers—Duty to Stop at Station to Which Passenger Holds Ticket—Duty to Return to Station—Burden of Proof.—The duty of the carrier t'o return the passenger a reasonable distance to his point of destination beyond which he has been carried will not be excused because it is inconvenient or troublesome, but only upon the proof of some controlling exigency, and the burden of' such proof is upon the carrier the moment the passenger proves that he has the right of passage to a certain point and a compliance on his part with ordinary care, and that such point of destination was passed by the carrier without giving the passenger an opportunty of getting off. 4. Carriers'—Duty to Stop at Station to Which Passenger Holds Ticket—Duty to Return to Station—Termination of Relationship of Carrier and Passenger.—But if it would be imprudent or unsafe, or a manifest inconvenience to other passengers, by reason of the distance beyond the station to which the train has proceeded before the mistake is discovered, to back to the station, the carrier may allow the passenger to get off if he requests to do so, or, if the passenger prefers, carry him on to the next station and return him, free of charge, by next train, to the station to which he held a ticket. In either event the passenger would have a right of action against the carrier, and could recover such damages as naturally and proximately resulted from its default in carrying him by his station. But should the passenger elect to leave the train by his voluntary departure from the train at another point than that of his destination, the relationship of carrier and passenger would be terminated, and the question of damages might be very materially affected. 5. Carriers—Duty to Stop at Station to Which Passenger Holds Ticket—Duty to Return to Station—Rule of Carrier.—-In the instant case, the train had proceeded nearly a mile beyond the station to which the passenger had a ticket. There was a reasonable rule of the company that “no movement must be made against the current of traffic without orders from the superintendent of transportation.” Held: That notwithstanding this rule, there was evidence in the , instant case upon which the jury might have found that upon a %? reasonable interpretation and application of the rule the conductor would not have violated it nor caused the other passengers any risk or disproportionate inconvenience if the train had been backed to the station of the passenger’s destination. ' 6. Carriers op Passengers—Carrying Beyond Station—Passenger Alighting to Return to Station—Relationship of Carrier and Passenger.—In the instant case, there was a view of the evidence under which the passenger might have been regarded as having been coerced or unduly induced to take the course which she did in leaving the train when she had been carried for some distance beyond her station, and if such was the case, the passenger certainly could not be held, as a matter of law, to have forfeited her relationship as a passenger. 7. Carriers op Passengers—Carrying Beyond Station—Passenger Alighting to Return to Station—Relationship of Carrier and Passengei—Question for Jury.—There was evidence which would have warranted the jury in finding that a passenger in leaving the train after it had passed her station did voluntarily and deliberately give up her rights as a passenger, and voluntarily terminated the relationship of carrier and passenger. On the other hand, there was evidence under which the passenger might be regarded as having been coerced or unduly induced to take the course which she did in leaving the train. Plantiff’s instructions did not adequately submit this question of whether the passenger voluntarily left the train to the jury, and those asked for by the defendant on the subject were rejected. Held: Error. 8. Carreers op Passengers—Carrying Beyond Station—Passenger Returning to Station on Foot—Termination of Relationship of Carrier and Passenger—Case at Bar.—Where a passenger, an intelligent young woman, accustomed to riding on trains, although she had not attained her majority, upon being carried past her station by mistake, of her own free will and deliberate judgment, unhampered by any inproper conduct on the part of the conductor, left the train rather than incur the inconvenience of being carried on and return by another train, then the passenger by such conduct terminated her repationship as a passenger and assumed the risk of the consequences which might befall her. 9. Carriers op Passengers—Passenger Put Off the Train Beyond Her Destination—Liability of Carrier for Assault—Proximate and Remote Cause.—If a passenger, a young girl, is carried about a mile beyond her destination and is coerced or improperly induced to leave the train and return by foot at a point which bore the reputation of being a dangerous resort of tramps, and is there assaulted by unknown persons, the jury might properly find that the assaults to' which she was subjected' were proximately caused by her wrongful ejection from the train, and that the carrier was liable therefor. 10. NegligenCE—Proximate Cause—“Foreseeableness.”—The “foreseeableness,” or reasonable anticipation of the consequences of a wrongful or negligent act is not the measure of liability of the y guilty party, though it may be determinative of the question of his negligence. When once it has been determined that the act is wrongful or negligent, the guilty party is liable for all the consequences which naturally flow therefrom, whether they were reasonably to have been anticipated or not, and in determining whether or not the consequences do naturally flow from the wrongful act or neglect, the case should be viewed retrospectively; that is to say, looking at the consequences, were they so improbable or unlikely to occur that it would not be fair and just to charge a reasonably prudent man with them. If not, he is liable. This is the test of liability, but when liability has been established, its extent is to be measured by the natural consequences of the negligent or wrongful act. The precise injury need not have been anticipated. It is enough if the act is such that the party ought to have anticipated that it was liable to result in injury to others. 11. Carriers—Carriers of Passengers—Degree of Care Required of Carrier.—The care which a carrier owes a passenger is not merely ordinary care and prudence, but the highest degree of care which can be expected from human foresight. 12. Carriers—Passenger Carried Beyond Station—Duty of Carrier to Know Character of Place at Which Passenger is Put Down.— A carrier, in the discharge of the very high duty which it owes to its passengers, is bound to know the character of the place at which it wrongfully discharges them; and if the carrier wrongfully requires a passenger to get off at a dangerous place without knowing it, it does so at its peril. 13. Proximate and Remote Cause—Independent Act of Third Person —Negligently Exposing Injured Party to Act Causing Injury.— While in general no responsibility for a wrong attaches- where an independent act of a third person intervenes between the negligence complained of and the injury, yet this proposition does not apply where the very negligence alleged consists of exposing the injured party to the act causing the injury, as in the instant case the exposure of a passenger to an assault by the wrongful act of the carrier in causing her to alight at a danger-out place when carried beyond her destination. 14. —Carriers—Liability for Assault—Duty of Carrier.—Wherever a carrier has reason to anticipate the danger of an assault upon one of its passengers, it rests under the duty of protecting such passenger against the same. 15. Appeal and Error—Remand for New Trial Upon One Point Only —Section 6365 of the Code of 1919.—Where in an action by a passenger against a carrier for injury from assault the parties have had a fair trial upon all questions, including the amount of damages, except the question of whether the plaintiff exercised a free and voluntary choice in leaving the train after being carried beyond her station, the Supreme Court of Appeals renranded the cause solely for the determination of that one question pursuant to section 6365 of the Code of 1919, which provides that, “a civil case shall not be remanded for a trial de novo, except when the ends of justice require it, but the appellate court shall, in the order remanding the case, if it be remanded, designate upon what questions or points a new trial is to be had.”