Shannon v. Shreveport Transit Co.

149 So. 2d 206, 1963 La. App. LEXIS 1265
CourtLouisiana Court of Appeal
DecidedJanuary 2, 1963
DocketNo. 9847
StatusPublished
Cited by6 cases

This text of 149 So. 2d 206 (Shannon v. Shreveport Transit Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shannon v. Shreveport Transit Co., 149 So. 2d 206, 1963 La. App. LEXIS 1265 (La. Ct. App. 1963).

Opinion

GLADNEY, Judge.

Mrs. Anita Pearce Shannon, plaintiff herein, seeks compensation for personal injuries she received while riding defendant’s trolley bus as a paying passenger. Her husband, George W. Shannon, seeks to recover for his wife’s loss of earnings and medical expenses necessitated by her injuries. The district court rendered judgment in favor of both plaintiffs, for Anita Pearce Shannon in the amount of $10,000.00 and for her husband in the amount of $2,-463.70. From this judgment defendant appeals. Mrs. Shannon answered the appeal and prayed that damages to her be increased to the sum of $30,000.00.

On the morning of February 17, 1959, Mrs. Shannon boarded defendant’s trolley as a fare paying passenger, and seated herself on the side seat directly behind the driver. The trolley was driven by a student driver, Erven E. Nix, supervised by William H. Duncan, a regular driver, who was seated on the side seat opposite Mrs. Shannon. The incident which resulted in plaintiff’s injury occurred at the intersection of Marshall, a four-lane thoroughfare, and Crockett,, a one-way street for traffic proceeding in a westerly direction. Traffic at the intersection was directed by an officer of the city police force at the time.

The trolley proceeded north on Marshall and was brought to a stop in the right lane at this intersection some five or six feet behind the first vehicle in that lane, an automobile operated by an unknown driver. The police officer signaled for the northbound traffic on Marshall to cross the intersection. The automobile moved forward into the intersection and was followed by the trolley. The car traveled ten to fifteen feet and came to an abrupt stop. The action of the driver of the automobile in stopping his vehicle [208]*208apparently resulted from a misunderstanding of a signal given by the traffic policeman.

The trolley driver, Nix, was watching the preceding automobile and upon seeing it, suddenly coming to a stop, he immediately applied the brakes of the trolley and brought it to a stop some three to five feet behind the automobile. Nix estimated that the automobile moved ten to fifteen feet into the intersection before it came to a sudden stop, and testified the trolley moved ten to twelve feet before it stopped three to five feet behind the automobile. Duncan testified the car was about six feet from the trolley when it began to move into the intersection, that it had traveled from ten to fifteen feet before stopping, and that the car and bus were approximately three feet apart when they stopped in the intersection.

The sudden stopping of the bus caused plaintiff to slide across her seat and fall against the metal bars immediately behind the driver, thereby causing the injuries of which she complains. Mrs. Shannon remained in the trolley and was driven, at her request, to the Shreveport Journal Building where her husband was employed. She was then removed to an ambulance and carried to a local hospital.

Plaintiffs alleged Mrs. Shannon’s injuries were proximately caused by the negligence of the trolley operator in failing to keep a proper lookout, in failing to gradually apply the brakes so as to avoid a sudden and abrupt stop, in following the automobile too closely, and in traveling at an excessive speed under the circumstances so as to occasion a sudden and abrupt stop.

Appellant assigns error of the trial court in that it failed to hold that the accident resulted from an emergency neither caused nor contributed to by defendant; it failed to hold the behavior of the trolley operator in reacting to the emergency constituted due care under the circumstances; and the awards to plaintiffs were excessive under the evidence and the jurisprudence.

The general law relating to the liability of a public carrier for injuries to a passenger caused by a sudden stopping, starting or lurching movement of the conveyance, is summarized in Baker et ux. v. Shreveport Rys. Co., Inc., La.App., 68 So. 2d 228, 230, 231 (2d Cir. 1953):

“Where a passenger is not carried safely to his or her destination by the common carrier, a prima facie case of negligence is established against the carrier when the passenger shows injury while a paying passenger thereon, after which the carrier has the duty to prove its freedom from negligence to overcome the passenger’s prima facie case.
=1= * * * * *
“The sudden emergency doctrine is applicable to common carriers of passengers for hire. When confronted with a sudden emergency arising from no fault or negligence of the common carrier, it will not be held liable for the damages that follow, even though it may be shown that if the one responsible had acted differently the accident would not have taken place.
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“Although a passenger assumes the risk ‘incident to the mode of travel’ adopted, such risks are only those which cannot be avoided by the carrier by the use of the utmost degree of care and skill in the management of the conveyance. See Matteson v. Teche Greyhound Lines, La.App.1938, 178 So. 272, 273; Oppenheim v. Toye Bros. Yellow Cab Co., La.App.1942, 7 So.2d 420, affirmed 203 La. 1067, 14 So.2d 854.
“The standard of care required of the carrier is qualified only by a reciprocal duty of passengers not to contribute to such injury by anjr want of ordinary care. Nee v. New Orleans Public Service, Inc., 11 La.App. 1, 123 So. 135.”

[209]*209Although a public carrier owes the highest degree of care to its passengers, it is not the insurer of their safety. Baptiste v. New Orleans Public Service, Inc., La.App., 161 So. 783 (Orl.1935); Rauscholb, et al. v. Continental Southern Lines, Inc., La.App., 81 So.2d 87 (2d Cir. 1955). In Oppenheim v. Toye Bros. Yellow Cab Company et al., La.App., 7 So.2d 420, 421 (Orl.1942) the court defined the degree of care imposed upon the carrier:

“This so-called highest degree of care imposed upon the carrier is said to be affected by the character of the conveyance, the usual course of its business, and the hazards growing out of particular situations. While it is unquestionably true that a passenger must take the risks incident to the mode of travel and the character of the means of conveyance which he selects, such risks are only those which cannot be avoided by the carrier by the use of the utmost degree of care and skill in the preparation and management of the means of conveyance. See American Jurisprudence, Vol. 10, pp. 163, 171 and 172.”

It has been observed that the operator of a public carrier conveyance is not charged with the necessity of possessing superhuman powers in anticipating or of exercising such powers in a threatened emergency. Gonzales v. Toye Bros. Yellow Cab Company, La.App., 198 So. 379 (Orl.1940).

Counsel for appellee contends the sudden emergency would never have arisen if the trolley driver had not been following the automobile too closely, and that it was the driver’s duty to follow it at a distance which would permit gradual and easy stop so as to avoid endangering the safety of the passengers. Cited as supporting authority are Stevens v. Yellow Cab Company, Inc., La.App., 142 So. 807 (Orl.1932); Crawley v. City of Monroe et al., La.App., 26 So.2d 493 (2d Cir. 1946); Hopper v. Shreveport Rys. Company, La.App., 51 So.2d 845 (2d Cir. 1951), and Cavalier v.

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Bluebook (online)
149 So. 2d 206, 1963 La. App. LEXIS 1265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shannon-v-shreveport-transit-co-lactapp-1963.