Sellars
Sellars v. Southern Pacific Co.
Opinion
lead Opinion
Burnett, J.
The action is for damages caused by the negligent failure of the Railroad Company to provide safe and proper means of ingress and egress to and from the train on which plaintiff was a passenger, and the Southern Pacific Company is really the only defendant in interest. The plaintiff, who was a somewhat elderly lady of over sixty, bought a ticket from Los Angeles to Exeter, Tulare County, over the railway operated by said company. The train arrived at Bakersfield, an intermediate point and eating-station, at about 6 o’clock the following morning. An announcement for breakfast had been made by the company and plaintiff, with other passengers, left the train for that purpose. The eating-room at the station was crowded, however, and plaintiff, without getting breakfast, returned to her car. It was a long train, and when the stop was made, the car in which plaintiff had been riding did not reach the platform, but stood down in the switch-yard quite a distance from the depot at a point where the rails of a switch extended outward from the main track and over the course plaintiff was required to pass in leaving and entering her car. There was quite a frost that morning which may have…