Western Maryland Railroad v. Herold

Robinson, J., delivered the opinion of the Court. This is an action to recover damages for personal injuries sustained hy the female plaintiff, and caused by the' alleged negligence of the defendant. . On the morning of the accident, the female” plaintiff went, in company with Mrs. Shadle and in charge of one of her children, to the Wilson Sanitarium, a resort for sick children, situated near the main line of the defendant company. The car in which the plaintiff was seated, was attached to a train that went beyond the Sanitarium, and when it reached the switch leading from the main track into the grounds of the Sanitarium, it was detached, and pushed by an engine into the grounds near the building, in which was the office of the agents of the ⁵¹³ Sanitarium, who have charge of the visitors, and here it was left on the track, with brakes set to secure it.

Just before the time for the visitors to return, a brakeman in the employ of the Eailroad Company, went into the grounds, and took charge of the car, thus left on the switch. The switch has a down grade toward the main track, and all the brakeman had to do, was to unfasten the brake, and the car, by its oion momentum, ran down the switch to a point near the main track, where it was attached to the east bound train, and taken into the city. Upon their arrival at the Sanitarium, the visitors are required to leave their wraps at the house, near which the car stops, and for Avhich they receive checks, which are surrendered when the visitors are ready to return to the city. By certain rules and regulations mf the Sanitarium adopted with the consent of the Eailroad Company, the wraps of the visitors are not to be given out until the brakeman has arrived and has taken charge of the car in which the visitors are to return; and after the wraps have been given out, the visitors are not to go into the car, until notice is given by one of the officers ■of the Sanitarium.

These rules and regulation were not published, nor were they posted in the grounds or put up in the car, and the only information or notice that the visitors had of these rules, was by announcement made by one of the officers of the Sanitarium, to the visitors while they were at lunch or at tea. The defendant proved that on the evening of the day ■of the accident, and while the visitors were at the tea table, one of the officials of the Sanitarium gave notice that the wraps would be given out at twenty minutes before six o’clock, and that no one was to go to the car until the official had given the orders. Somewhere about six in the evening, Mrs. Shadle told the plaintiff to go with the child she had in charge, and secure seats in the ■car, saying at the same time that she, witness, would ⁵¹⁴ get the plaintiff’s wraps, when they were given out. In going out to the Sanitarium, the oar was s o crowded, that the plaintiff was obliged to stand with a sick child in her arms, and this was the reason why Mrs. Shadle directed her to go to the car in advance of the visitors.

When she reached the car, the plaintiff found about a dozen persons inside, all of whom were women and children, and a few minutes after she was seated, a small hoy, about seven or eight years old, unfastened the brake, and the car, by its own momentum, started down the grade, and going at the rate of about ten miles an hour. Finding no one in charge of the car, the plaintiff, becoming alarmed, and apprehensive of danger, first pushed the child off she had in charge, and then jumped off herself, and. in doing so, broke her ankle and shoulder-blade. She had never been at the Sanitarium before, and had no knowledge of the rules and regulations about going to the car, and if such rules were announced at the tea’ table, she did not, she says, hear the announcement. Now, upon this evidence the Court at the request of the defendant, instructed the jury: First.

If they should find that by a regulation for the conduct of persons visiting the Sanitarium, adopted with the consent and authority of the Railroad Company, that the bonnets and wraps of the female plaintiff and of other visitors, were not to be returned to her until the car of the company was ready for occupancy by passengers, and until the brakeman had arrived to