Lewis v. Portland Ry. Light & Power Co.

Carriers— Carriage of Passengers— Personal Injuries— Instructions. 1. Where it appeared that a passenger on a car was, hy a collision, thrown against a door, the knob striking her in the back and leaving a black and blue spot the size of the palm of the hand, it was erroneous lo charge that there was no evidence of an internal injury. Damages — Personal Injuries — Permanency op Injury — Evidence. 2. In an action against a carrier for personal injuries, evidence held to warrant a finding that the injuries were permanent.

From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice McBride. This is an action by Mertie C. Lewis against the Portland Railway, Light & Power Company, a corporation, to recover for personal injuries received in a street railway accident. Plaintiff introduced testimony tending to show that on June 12, 1909, she entered defendant’s railway car as a passenger; that all the seats were occupied and the straps in use; and that she took a standing position near the front end of the car, with her back to the front door, holding the hand of a lady, who was sitting near, to steady herself. While in this position, the car collided with a car in front, which was proceeding in the same direction, and the force of the impact was such as to cause plaintiff to fall against the front door. The knob of the door struck her in the small of the back, inflicting the injuries complained of. The force of the collision was not sufficient to break or injure the cars, but there is evidence that persons standing in the aisle were thrown from their feet, and that the lady, whose hand plaintiff was holding, was thrown out of her seat to the floor. Plaintiff was dazed by the injury she received, and was taken to a drug store nearby, where she had a succession of nervous tremors or chills. She was taken to the house of a friend and sent to the hospital the next morning. There was a black and blue spot, approximately the size of the palm of the hand, upon the small of her back. She complained of severe pains in her back and difficulty of urination. She remained in the hospital for a week, and was then sent home, where she was in bed for a month. Up to the time of the trial of this action, five months after the accident, she had been practically unable to perform any household labor. She testified that any slight jar or exertion caused very severe pains in the small of her back; that there was a constant soreness; and that there had been no perceptible improvement for several months. The physicians called by her declined to express an opinion as to the extent or permanency of her injuries, saying that in such cases a doctor was compelled to rely, to a great extent, upon the statements of the patient, but stated that, with proper treatment, it was at least probable that she might recover her usual state of health and strength. It was shown that before the accident plaintiff had always enjoyed good health and was able to do her own housework, and was at least up to the standard of the average healthy woman in strength and endurance; that her weight before the accident was 122% pounds, and at the time of the trial was 102%, pounds. Defendant’s counsel requested the court to instruct the jury that there was no evidence tending to show an external injury, and that they would not be warranted in allowing her any compensation for alleged external injuries, which instruction was refused. Defendant also requested the court to charge the jury that there was no evidence tending to show that plaintiff was permanently injured, and that they would not be warranted in finding any damages on that account. This instruction was also refused. Plaintiff had a verdict for $3,500, and defendant appeals.