Reynolds v. Texas & Pacific Ry. Co. Ct. Of App. Of La.,

37 La. Ann. 694 (1885)

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Nature of the Case

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Facts

Mr. Reynolds, with his wife, sister-in-law, three small children and two colored attendants, had purchased tickets as passengers on D's railroad, and were at the depot at Morrogh Station for the purpose of boarding the eastbound train, which was due at that station at about midnight, but, being behind time, did not reach there till about two o'clock in the morning. Between the depot and the regular track on which the passenger train arrived there was a switch-track, which, on the night in question, was occupied by a freight train, and, by uncoupling the latter, a passageway was opened to the passenger cars. The mode of getting from the depot to the cars was through steps which were unprotected by railing, and on the left of them, there was a ditch. If, in descending, the passenger went too far to the left, he tumbled into a ditch; if he did not turn promptly to the right on reaching the bottom and went too far forward, he fell down the slope in front; and if he stumbled in going down the stairs his impetus was likely to carry him over the narrow platform in front and down the slope beyond. When not sufficiently lighted up, the stairs undoubtedly exposed passengers unfamiliar with it to danger of fall and injury. Although both the east and west-bound trains customarily stopped at this station in the night-time, no stationary lights were provided for the depot platform or the steps. There was no moon on the night of the accident. The train was behind time. Several witnesses testify that passengers were warned to 'hurry up.' Mrs. Reynolds (P) was a corpulent woman. P left the brightly lit sitting room at the train depot of Texas and Pacific (D) and hastened down unlit stairs. P fell and was injured. The injury consisted of a dislocation of the ankle and a fracture of the leg below the knee. There resulted no loss of the limb. The evidence shows that, notwithstanding the accident, P went on the cars and continued without interruption her long railroad journey to Florida, without availing herself of medical attention, and that, even after arrival there, she received but trifling medical aid. These facts impressed the district judge He awarded her $2,000 in damages. D appealed.