ANN POWELL AND MABEL P. LANYON, APPELLANTS
v.
SAFEWAY TRAILS, INC., AND TRAILWAYS TERMINAL OF WASHINGTON, INC., APPELLEES
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The court held that the case should have been submitted to the jury, reversing the directed verdict.
An elderly passenger with good eyesight stepped off a ramp into an unoccupied bus bay, unaware she was on a ramp. The ramp had a yellow line but no gu…
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PER CURIAM.
The plaintiffs appeal from a directed verdict for the defendants in a suit for personal injuries by negligence. There is no material dispute about the facts.
A passenger 74 years old, with good eyesight, got off a bus in a terminal. Walking among a number of people, she did not see that she was on a ramp. She stepped off the ramp into an unoccupied bus bay or “well”. The ramp varied in width from S' 9" to 6' 6", and at its highest point was 8" above the ground. A yellow line was painted along the edge of the ramp, but there was no guard rail or chain, and no employee or lettered sign warned passengers of the well. As far as appears, there was no red light or red paint.
We think the case should have been submitted to the jury. Cf. Tobin v. Pennsylvania R. Co., 69 App.D.C. 262, 100 F. 2d 435; Brown v. American Airlines, Inc., 5 Cir., 244 F. 2d 128, 61 A.L.R.2d 1108; Greyhound Corporation v. Wilson, 5 Cir., 250 F. 2d 509.
Vacated and remanded.
WILBUR K. MILLER, Circuit Judge, dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Tobin v. Pa. R. Co., 100 F.2d 435 (D.C. Cir. 1938)
- Brown v. Am. Airlines, Inc., 244 F.2d 128 (5th Cir. 1957)
- The Greyhound Corp. v. Mrs. Annie M. Wilson, 250 F.2d 509 (5th Cir. 1957)