Fanelli v. Illinois Central Railroad Company

69 N.W.2d 13, 246 Iowa 661, 1955 Iowa Sup. LEXIS 412
CourtSupreme Court of Iowa
DecidedMarch 8, 1955
Docket48637
StatusPublished
Cited by18 cases

This text of 69 N.W.2d 13 (Fanelli v. Illinois Central Railroad Company) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fanelli v. Illinois Central Railroad Company, 69 N.W.2d 13, 246 Iowa 661, 1955 Iowa Sup. LEXIS 412 (iowa 1955).

Opinions

Larson, J.

This is a personal injury suit resulting from plaintiff’s fall while alighting from defendant Pullman Company’s coach on defendant Illinois Central Railroad Company’s train standing at the depot in Fort Dodge, Iowa. The accident happened on the morning of February 14, 1951, at approximately 11:30 a.m. Plaintiff dozed off about a half hour before the train arrived and did not awaken and alight with other passengers. Fort Dodge being a division of the railroad, the train’s departure is delayed some fifteen minutes to change crews. Plaintiff was awakened by the conductor, asked her destination, and advised to alight immediately as the train was ready to pull out. As she started to descend the steps of the coach to the station platform she fell and was injured. She was unable to tell how the accident occurred, and the trial court sustained the motion of both defendants for a directed verdict- on the ground that plaintiff had failed to introduce any evidence of the breach of duty toward her as a passenger.

Plaintiff contends the trial court erred in directing a verdict against her for (1) the record allows a jury finding that de[664]*664fendants were negligent because the Pullman porter was not present to assist plaintiff when she was “put off”; (2) the record allows a jury to find the injury was caused by the unsafe and negligent manner and place that plaintiff was “put off”; and (3) the absence of any explanation by defendants accounting for plaintiff’s injury while in their care, or the combination of circumstances which led to the injury. We must therefore review the record to determine whether there was such an absence of evidence to justify the trial court’s action. While the law and the facts are not greatly in dispute, their effect and the inferences suggested are vigorously argued.

I. The trial court having directed a verdict, the testimony offered by the plaintiff must of course, for the purpose of this appeal, be considered as the established facts of the case. No authority is needed for this rule, but we discuss it in Fitzgerald v. Des Moines City Ry. Co., 201 Iowa 1302, 207 N.W. 602.

II. Negligence is a fault, is not to be presumed, but rather must be proved. That is plaintiff’s burden. It cannot be assumed from the mere fact of an accident and an injury. See Lindquist v. Des Moines Union Ry. Co., 239 Iowa 356, 360, 30 N.W.2d 120, 122, where we said: “If no duty exists there can be no negligence upon which proximate cause may be based and hence no recovery may be had.” Also see 38 Am. Jur., Negligence, section 290, page 983. The one exception under the doctrine of res ipsa loquitur we shall deal with later herein.

III. A high degree of care must be exercised by a carrier in foreseeing, as well as guarding against, danger to its passengers. In our recent eases of Rozmajzl v. Northland Greyhound Lines, 242 Iowa 1135, 1140, 49 N.W.2d 501, 504, and Murray v. Cedar Rapids City Lines, 242 Iowa 794, 800, 48 N.W.2d 256, 260, we cite with approval the often cited and approved rule set forth in Kliebenstein v. Iowa Railway & Light Co., 193 Iowa 892, 895, 188 N.W. 129, 130, where we said:

“That a carrier of passengers for hire must exercise more than ordinary diligence in the protection of its passengers is a rule well established. The carrier’s duty stops just short of insuring the safety of the passenger, and the common expressions of the law on this subject ar.e that the carrier is bound to [665]*665protect the passenger as far as human care and foresight will go, and that the carrier is liable for slight negligence.”

In other words, the carrier’s duty to protect the passenger stops just short of insuring the passenger against injury. Waterloo Savings Bank v. Waterloo, C. F. & N. R., 244 Iowa 1364, 1368, 60 N.W.2d 572, 574. That this is the rule governing the case at hand there can be no doubt.

But we also said in the Murray case at page 800 of 242 Iowa, page 260 of 48 N.W.2d: “A common and proper qualification of the rule under its various statements is that it applies only to dangers which reasonably and naturally may be anticipated.” (Emphasis supplied.) 13 C. J. S., Carriers, section 678b; 10 Am. Jur., Carriers, section 1246; Weber v. Chicago, R. I. & P. R. Co., 175 Iowa 358, 364, 151 N.W. 852, L. R. A. 1918A, 626; annotation 69 A. L. R. 980.

What dangers reasonably and naturally may be anticipated herein? The plaintiff had been originally awakened by the porter as requested, had dressed, had her breakfast in the diner, and returned to her made-up section to read. She testified: “About half hour out of Fort Dodge I put on my coat to be ready to get off the train. I must have dozed off, because what I remember again is the conductor shaking my shoulder and asking where I was getting off. I said ‘Fort Dodge’ and he said ‘Well, you’d better hurry because we have been there’ — I don’t know what length of time — and he said ‘we are ready to pull out.’ ” When she reached for her grips, she testified the conductor said, “ ‘No, you run on ahead, I’ll see that you get your grips.’ ” She went on out of the ear, and he remained to care for her luggage.

The plaintiff, Carmel R. Fanelli, is a young woman 5 feet 3 inches tall, and at the time was wearing a fur coat, and had on shoes with heels about 2 or 2% inches high. She did not wear glasses, but was a bit hard of hearing. There was no evidence, visible or otherwise, to indicate she had any physical infirmities and none was disclosed to defendants. She had taken that train from Chicago about three times a year for nearly twenty years. She stated on other occasions the porter had assisted her with a movable step. There were four steps on the coach.

The only testimony as to what happened after plaintiff reached the vestibule platform of the coach was related by her. [666]*666She said: “I got to the platform and grabbed the rail in order to go down the steps. No one- was there; nobody was around at the time. * * * I looked out to see where I was going down. * * * I know I grabbed the rail, and I went to put my foot out, and that’s all I remember until I heard a man say: ‘Don’t pick her up, she is dead.’ ” As the porter and another trainman picked her up from the station platform she said: “I leaned back * * * against the [Pullman] step and put my hand on the second [from the top] step and it touched something. I looked to see what it was. It was the tip of my heel. As I picked it up, I felt the stairs. They were wet and slippery. * * * And I looked at my hand and it was all dirty and wet.” On redirect examination the plaintiff further stated: “I fell from the platform * *' * I didn’t get a chance to take a step, as I remember. * * * I started from the platform, put my foot from the platform to the first step, and that is as far as I know. I fell forward onto the ground, you know, sideways.” She was later assisted into the station and taken home by taxi. No other direct evidence was offered as to the cause of the fall. Defendants urge that plaintiff failed to prove or furnish any evidence tending to prove any culpable negligence on the part of the defendants, or either of them, which was the proximate cause of her injury.

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Fanelli v. Illinois Central Railroad Company
69 N.W.2d 13 (Supreme Court of Iowa, 1955)

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Bluebook (online)
69 N.W.2d 13, 246 Iowa 661, 1955 Iowa Sup. LEXIS 412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fanelli-v-illinois-central-railroad-company-iowa-1955.