CHAPTER X.

PLATFORMS AND ALIGHTING.

Right to Safe Ingress, Egress, and Regress.--Defective Platforms.--The

Englishman and the C’mum cat’or.--Getting out of Cars.--Train not

at Platform.--Calling out Name; is it Invitation to alight?--Ladies

jumping.--Hoop-skirts.--Must have Safe Place to alight.--Leaving Train

in Motion.

“Well, here we are at last at H.,” said my friend who was learned in

the law.

“Yes, now we have a chance of getting some grub (carefully collated

from the plates of those who were here before us), and taking the

epidermal covering off the interior of our mouths with a scalding

decoction dignified by the name of tea,” I replied.

“Ding-dong-all gone--come along--one-all,” sounded forth the bell of

the refreshment-room, as the train drew up to the platform, and all

the weary travellers sprang up eager to stretch their limbs and to

replenish the inner man. Out they rushed. Night had thrown her sable

mantle (she has no other except for moonlight wear) over nature’s

tired bosom, so some of our fellow travellers, in the gloom, were

precipitated into a hole in the platform, which the company carelessly

suffered to be there--yawning open-mouthed--unmindful of the fact that

passengers have the same rights to safe ingress, egress, regress, and

progress over the stations and platforms at the intermediate places

where the trains stop for refreshment, as they have at the termini of

the line;[413] although it would appear that where a stoppage is made

only for the purposes of the railway, and people are not expected to

get in or out, the rights of the travelling public and the liability of

the company are both greatly curtailed.[414] As soon as one procures a

ticket he is to be regarded as a passenger, and is entitled to a safe

passage to his seat.[415]

Though the unfortunates kissed mother earth, they were not seriously

damaged; one indeed--as a medical witness afterwards put it--suffered

“from a severe contusion of the integuments under the left orbit,

with a great extravasation of blood and ecchymosis in the surrounding

cellubas, having also a considerable abrasion of the cuticle,” or, as

the judge in common-place Anglo-Saxon expressed it, “had a black eye.”

Soon comestibles of all sorts, kinds, and descriptions were vanishing

rapidly by means of down grades into sub-waistcoat and sub-bodice

regions.

When we had finished our repast, the train still seemed

quiescent,--appeared as motionless as a painted ship upon a painted

ocean,--so it was suggested that a little of something slightly

stronger than tea might not be unpalatable; but, alas! spirits were

tabooed on the line, so there was nothing for it but to make a foray

into the adjoining neighborhood for additional stimulants. A porter

kindly showed the way to a public house on the opposite side of the

highroad passing the station. We were soon all practising with great

success at the bar, but while enjoying ourselves to the full, the

engine-bell rang out sharp and clear on the frosty air. Off we all

rushed helter-skelter, and to save time, instead of returning by the

way we came, we took what we thought was a bee-line for the station

lights (but which turned out to be the engine’s) across some unfenced

ground. Before we well knew where we were we were all tumbling

pell-mell, one over the other, into a wide ditch some three feet

deep. However, we gained the cars in time, and then one of our chance

acquaintances--who, having been leading in the race, went down first

and was trampled upon by the rest--found that his arm was badly hurt;

so the Q. C. and myself tried to console him with the assurance that he

was safe to recover a verdict against the company if he only entrusted

his case into the hands of either of us, for a railway company is bound

so to fence its station that the public will not be misled, by seeing a

place unfenced, into injuring themselves by passing that way, it being

the shortest road to the platform.[416] (Though by the way, a Canadian

court has considered that companies are not responsible if parties come

to grief through taking short cuts, if the proper way of ingress and

egress to the station is safe, convenient, and well-lighted;[417] but

in another case a man who broke his leg in two places by falling into

a culvert, constructed by the company in the highway, while leaving

the station on a dark and stormy night, got $2,000 damages.)[418] The

neglect properly to light a station, or to have a sufficient corps

of servants to aid passengers in alighting at night, is evidence of

negligence.[419]

Thinking that the man was an American citizen, I told him that Mr. C.

J. Dillon, of the State of Iowa, had said on a comparatively recent

occasion that “railway companies are bound to keep in a safe condition

all portions of their platforms and approaches thereto to which the

public do and would naturally resort, and all portions of their

station-grounds reasonably near to the platforms, where passengers, or

those who have purchased tickets with a view to take passage in their

cars, would naturally or ordinarily be likely to go.”[420]

“And, my dear sir,” said the Q. C., who, more observant than myself,

had noticed a pile of H’s accumulating in front of the man, “there is

a much stronger English case, where one Martin arrived at a station

less than two minutes before the time for the train to leave, and while

running along the line--in a place where he should not have gone--in

order to reach the train which was a little ahead, he stumbled over

a switch handle, fell on his elbow, and was considerably hurt. The

jury considered that the company had been guilty of negligence and

want of proper care, and gave Martin £20, and the court would not

interfere.”[421]

“Vell, hi think the Hinglish case is the one for my money,” quoth our

new found friend. “Hand hi’ll rub my harm with a little hof this to

prevent any ’arm,” he added, producing a pocket comforter that Job

never knew of.

“Don’t waste good stuff that way,” said Mr. Smith. “Apply it

internally, and rub your arm with the bottle.”

“Ho-ho-ho!” laughed John Bull at the wretched joke, which doubtless was

first perpetrated “when the Memnonium was in all its glory.” He took

the advice, however, and the brandy with a vengeance.

Some little while after I saw him steadying himself as he stood up on

the seat, and poking with his stick at the top of the car: supposing he

was striving to open the ventilator, I paid little attention to him.

In a few minutes the train suddenly stopped,--in a few seconds more the

conductor came rushing into the car, excitedly asking if any one had

pulled the rope or communicator.

“C’mum ’cat’or?” asked J. Bull, “I wang the bell for some bwandy

’n-vater. And dooced ’ard work hi ’ad to reach hit. Where’s the

’andle?”[422] Speedily the train was again under weigh.

At length, after several hours more of journeying we arrived at our

destination, thankful that as yet all bones were safe and sound. Alas,

I was hallooing before I was out of the wood, for as I emerged, the

light being very dim, I fancied I was stepping on the platform, but as

I landed violently on the ground I found that the car was some feet

beyond the platform. Of course railways should bring their trains to

a halt at places convenient for passengers to alight. Bringing a car

to a solemn stand-still at a spot at which it is unsafe to get out,

under circumstances which warrant one in believing that it is intended

he shall alight and that he may do so in safety (without giving him

warning of his danger), amounts to negligence on the part of the

company, for which an action may be maintained if the passenger has not

in any way contributed towards the accident.[423] This highly sensible

rule was adopted in the case of one Praeger, where--as I afterwards

found--Lord Chief Justice Cockburn, of Geneva award renown, said: “I

adopt most readily the formula which has been suggested as applicable

to these cases, viz., that the company are bound to use reasonable care

in providing accommodation for passengers, and that the passengers

are also bound to use reasonable care in availing themselves of the

accommodation provided for them.”[424] Of course, if it had been

daylight, and I could have used my eyesight to any practical purpose,

and had noticed that the car was not in the ordinary position with

regard to the platform, I would certainly have exercised a little more

caution in getting out and not have been such a ninny-hammer as to step

down in the way I did, for I can assure the general public, that it is

anything but agreeable to step upon thin air and be thrown violently

upon one’s nasal organ,--which always seems tremendously projecting

on such occasions,--abrasing one’s elbows and knees. t As I had my

homeward journey to perform by rail, and there seemed a chance of my

being reduced to an atomic condition before I once again saw the wife

of my bosom, I then, for the benefit of my numerous readers (for, of

course, I meant to publish a book, as every one does nowadays), dotted

down a few decisions which I thought migh be useful for them to bear

in mind in case they ever came to grief in alighting from a railway

train; and here they are _pro bono publico_.

(N. B.--Those frivolous persons who only read to pass the time, had

better turn at once to the next chapter.)

Where the train overshot the platform so that the car in which one

Whitaker was sitting stood opposite to the parapet of a bridge, the

top of which in the dusk looked like the platform; the porters having

called out the name of the place, W. getting out on the parapet in the

_bonâ fide_ belief that he was stepping on the platform, fell over and

was injured, but recovered from the company. Bovill, C. J., held that

on this occasion there was a clear invitation to alight at a dangerous

place, and that W. was misled by the appearance of the parapet, and so

distinguished the case from the Bridges one, to which I will refer in

a moment or two.[425] Where in the dark, a passenger on alighting fell

into a culvert, over which the car had stopped, the company were held

liable.[426]

Owing to the length of the train in which a Mr. and Mrs. Foy were

journeying, there was not room for all the cars to be drawn up at the

platform, and some of the passengers were desired to get out upon the

line beyond it. The distance from the carriage to the ground was only

three feet; Mrs. F. (instead of sensibly availing herself of the two

steps of the carriage) with the aid of Mr. Foy jumped from the first

step to the ground, and--not being a practised athlete or gymnast

but a sweet little thing--came down upon the ground like a barrel of

sugar with such a thud that the vertebræ of her back were jarred and

the spine injured. The jury found that the company were guilty of

negligence in not providing reasonable means of alighting, and that the

lady had not contributed to the accident, and they gave her £500 to pay

her doctor’s bills; and the court considered the verdict warranted and

declined to interfere with the damages.[427] Bovill, Q. C., urged that

if the lady, instead of jumping as she did, had turned herself round

and availed herself of the assistance of both steps and of the handles

of the carriage, the accident would not have happened; but Williams,

J., said severely that “in the present fashion of female attire, the

mode of descent suggested by the learned counsel would be scarcely

decent!” This judgment was given in 1865, and as fashions change two or

three times a year, one can hardly decide what a lady might or should

do in this present year of grace, especially as the virtuous judge did

not insinuate wherein in such a descent would lie the lack of woman’s

crowning glory, modesty.

While speaking of ladies and their attire I may mention that Mrs.

Mary Poulin, while alighting from a Broadway car, with her youngest

hopeful in her arms, caught her steel hoop-skirt upon a nail in the

car platform; this threw her down, and she was dragged some distance,

and seriously injured and greatly frightened. The company tried to

escape liability by the ungallant plea that hoops were not a necessary

article of female apparel and that if Mrs. P. was determined to wear

such inflated skirts she ought to have exercised more care than is

required of a brother in sit-upons; the court, however, differed from

the company, and considered that the fair lady had been guilty of no

negligence, and that if the railroad carried passengers adorned with

crinolines they must see to their safety.[428]

Old Siner and his wife arrived in daylight at Rhyl Station and the

carriage in which they were overshot the platform; the passengers were

neither told to keep their seats nor to get out, nor did the train

move until it started on its forward journey. After exhausting his

stock of patience, S. following the example of his fellow travellers

alighted, without asking the company’s servants to back the train to

the platform or holding any communication with them whatever. The wife

then, standing on the iron steps of the carriage, grasped both her

husband’s hands and jumped down, straining her knee in the act. She

did not use the footboard. There was no evidence of any carelessness

or awkwardness except what might be inferred from these facts. In an

action brought against the company for this injury, the court held

(Kelly, C. B. _diss._) that there was no evidence of negligence in

the defendants, and that the accident was entirely the result of the

woman’s own act in awkwardly and carelessly jumping.[429] The _Foy_

case was distinguished, as there an express invitation to alight was

given.

Where a gentleman, the corneas of whose eyes were far more convex than

those of the generality of the genus _homo_, knowing well the station,

got out of the train while the carriage in which he had been sitting

was still in a tunnel, and in making his way to the platform stumbled

over some rubbish and fell, breaking his leg and otherwise injuring

himself so that he shortly died from the effects, it was held by the

House of Lords (reversing the decision of the court below) that the

train having come to a stand-still, the calling out the name of the

place was an invitation to alight, and that the company’s servants

calling out afterwards “Keep your seats,” showed that it had been

improvidently uttered, and therefore furnished evidence of negligence,

and that the personal representative of Mr. Bridges was entitled to

recover against the company.[430] The shortsightedness of the deceased

imposed no additional duties on the company. In another case the court

thought that the conduct of a traveller, who fell down between the car

and the platform, which curved gracefully back from the line, amounted

to contributory negligence and so made absolute a rule to enter a

nonsuit.[431]

In Bridges’ case it was unanimously held by the whole court, that the

calling out the name of a station is not in itself an intimation to

the passengers to alight; whether it is so or not must depend on the

circumstances of each particular case. Willes, J., said, “Nobody who

travels by rail who has a head on his shoulders would ever say that

calling out the name was an invitation;” but many a man with a head

on his shoulders, and with something in that head too, acts as if he

did,--indeed C. J. Redfield says that Bridges only did what the great

majority of men would have done under similar circumstances. (In fact

Redfield considers that in the late cases the English courts have

overstrained things in favor of the companies.)[432] Baron Cleasby

thought that in reality the stopping of the train at the station is

the invitation to alight. Bovill, C. J., said that whether calling

out was a request to get out or not was a question for a jury.[433]

In a late case Mr. Justice Blackburn gave it as his decided opinion,

that calling out the name is merely an intimation to all on the train

that the place at which the cars are about to stop is that particular

station named; and he adds (most truthfully) that every person must

have heard porters at stations call out something which, if the

traveller happens to know the name of the place, is recognizable,

but if the name is not known, no reliable information is gained from

the porter’s cry.[434] In a still later case it was said that the

train having overshot the platform and the name of the place having

been called out, the omission of the company’s servants to caution

passengers not to alight until the train had been brought up at the

proper place was evidence of negligence, or according to Honeyman, J.,

negligence itself.[435]

Companies are bound to provide platforms, or safe places of deposit,

for passengers to alight on at their stations and to deliver them

there. If there is any difficulty in the passengers’ getting out,

the officers should assist them to do so.[436] If the place where

one is required to alight is in fact dangerous, it is his duty to

request the train to be put in its proper place; and this is a request

which no station-master would venture to refuse, knowing the risk

he would incur if an accident happened through his refusal. If the

defendants will not place the train properly, the plaintiff should stay

in the carriage. So, at least, said the judges in Siner _v._ Great

Western Railway (_supra_);[437] but we can well imagine the surprised

look--tinged strongly with scorn--of a conductor upon any one of our

Cis-atlantic railways, were he asked to move his train forwards or

backwards merely for the convenience of his living freight.

If a man persists in getting off a train while it is in motion,

especially if he has been warned by the conductor not to do so, he

has no claim against the company for any damage he may receive in the

act;[438] and so when one attempted to get on a train while moving

and was killed in the attempt, it was held, as a matter of law, that

no recovery could be had.[439] But otherwise where one lost his life

in jumping off by the direction of the conductor.[440] The courts of

Mississippi have laid it down clearly that it is the duty of railway

companies to announce audibly in each car the name of the station

reached and then allow sufficient time for the passengers safely to

leave the carriages; and that on the other hand it is the duty of the

passengers to use reasonable care, and to conform to the customs and

usages of the company so far as they know and understand them.[441]

If a company through neglect of their duty expose a passenger to

obvious peril, or grave inconvenience, and the traveller to escape

the threatened peril, or inconvenience, does something that is not

obviously dangerous (although it may be the cause of the injury) the

company will be liable.[442]

Where a man is so drunk that he cannot take care of himself, if the

conductor is aware of it, he must bestow upon him the requisite degree

of attention to save him from injury;[443] and so when a traveller is

sick.

Ah me! I fear that this long dilating will cause my Diary to be sent

To bind a book, to line a box,

Or serve to curl a maiden’s locks.

FOOTNOTES:

[413] McDonald _v._ Chicago, etc., 26 Iowa, 124.

[414] Frost _v._ Grand Trunk Rw., 10 Allen, 387.

[415] Warren _v._ Fitchburg Rw., 8 Allen, 227.

[416] Burgess _v._ G. W. R., 32 L. J. 76.

[417] Walker _v._ G. W. R., 8 U. C. C. P. 161.

[418] Fairbanks _v._ G. W. R., 35 Q. B. (Ont.), 523.

[419] Patten _v._ Ch. & N. W. Rw., 36 Wis. 413.

[420] McDonald _v._ Chicago. etc., 26 Iowa, 124.

[421] Martin _v._ Gt. Northern Rw., 16 C. B. 179; and see the case of

stumbling over the hampers, Nicholson _v._ Lancashire & York Rw., 3

Hurl. & C. 534.

[422] See _Punch_ for February, 1874.

[423] Cockle _v._ London & S. E. Rw. Co., L. R., 7 C. P. 721 (Ex. Ch.).

[424] Praeger _v._ Bristol & Exeter Rw., 24 L. T. (N. S.) 105.

[425] Whitaker _v._ Manchester & S. Rw. Co., L. R., 5 C. P. 464.

[426] Col. &. Ind. C. Rw. Co. _v._ Farrell, 31 Ind. 408.

[427] Foy & Wife _v._ London, B., & S. C. Rw. Co., 18 C. B. (N. S.),

225.

[428] Poulin _v._ Broadway, etc., Rw., 34 N. Y. Sup. Ct. 296.

[429] Siner _v._ G. W. R., L. R., 3 Ex. 150.

[430] Bridges _v._ North London Rw. Co., L. R., 6 Q. B. 377. In appeal

L. R., 7 H. L. 213.

[431] Praeger _v._ Bristol & Exeter Rw., L. R., 5 C. P. 460, n. 1; also

Plant _v._ Midland Rw. Co., 21 L. T. (N. S.), 836; and Harrold _v._

Great Western Rw., 14 L. T. (N. S.), 440.

[432] Redfield on Railways, vol. ii., p. 264.

[433] Whitaker _v._ Manchester & S. Rw., L. R., 5 C. P. 464.

[434] Lewis & Wife _v._ London C. & D. Rw., L. R., 9 Q. B. 69; Cockle

_v._ London & S. E. Rw., L. R., 5 C. P. 457 (Ex. Ch.), distinguished.

[435] Weller _v._ London, Brighton, & S. C. Rw., L. R., 9 C. P. 126.

[436] Memphis & Charleston Rw. _v._ Whitfield, 44 Miss. 466; Robson

_v._ N. E. Rw., L. R., 10 Q. B. 271.

[437] See also, Memphis & C. Rw. _v._ Whitfield, 44 Miss. 466.

[438] Ohio & Miss. Rw. _v._ Schiebe, 44 Ill. 460.

[439] Knight _v._ Ponchartrain Rw., 23 La. Ann. 462.

[440] Lambeth _v._ North Carolina Rw., 66 N. C. 494.

[441] Southern Rw. _v._ Kendrick, 40 Miss. 374.

[442] Adams _v._ Lancashire & Y. Rw., L. R., 4 C. P. 744.

[443] Giles _v._ G. W. R., 36 Q. B. (Ont.) 360.

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