# Hoyt v. Chicago, Rock Island and Pacific Railroad Co.

> Supreme Court of Iowa · March 28, 1973 · 206 N.W.2d 115

URL: https://www.frixlaw.com/law-library/cases/9857974

## Case

- **Full name:** Phyllis I. HOYT, Administrator of the Estate of Peary Hoyt, Jr., Deceased, Appellant, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY and Fred Brown, Appellees; Phyllis I. HOYT, Administrator of the Estate of Peary Edward Hoyt, Deceased, Appellee, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY and Fred Brown, Appellant
- **Court:** Supreme Court of Iowa
- **Decided:** March 28, 1973
- **Citations:** 206 N.W.2d 115; 1973 Iowa Sup. LEXIS 970
- **Precedential status:** Published
- **Opinion:** Dissent by McCORMICK
- **Judges:** Legrand, McCormick, Mc-Cormick, Moore, Reyn-Oldson, Uhlenhopp
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

McCORMICK, Justice
(dissenting as- to plaintiff’s appeal).
I concur in the opinion except as to Division I and the result on plaintiff’s appeal.
The issue is whether Code § 321.341 mandates a finding the driver of a vehicle is negligent in failing to stop at a railroad crossing upon a showing a train approaching the crossing gave a signal by whistle and bell. Resolution of the issue requires statutory interpretation.
In relevant part the statute provides:
“Whenever any person driving a vehicle approaches a railroad grade crossing and warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a train, the driver of such vehicle shall stop within fifty feet but not less than ten *121 feet from the nearest track of such railroad and shall not proceed until he can do so safely.”
The majority upholds defendants’ contention that the statutory words “or otherwise” comprehend signal by whistle and bell. Its reasoning violates basic rules of statutory interpretation and leads to the wrong result.
I. Our goal in statutory interpretation is to ascertain legislative intent as shown by what the legislature said. McKillip v. Zimmerman, 191 N.W.2d 706, 709 (Iowa 1971); rule 344(f) (13), R.C.P. The legislature has prescribed a principle of construction which is applicable here: “Words and phrases shall be construed according to the context and the approved usage of the language; but technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in law, shall be construed according to such meaning.” § 4.1(2), The Code. The general words “or otherwise” have a peculiar and appropriate meaning in the context of § 321.341. That meaning is determined by considering them in the light of the doctrine of ejusdem generis.
The rule of ejusdem generis is that “where specific words of the same nature in a statute are followed by general words the latter take their meaning from the specific words and comprehend only those things of the same kind as the specific ones.” Federated Mutual Imp. & H. Ins. Co. v. Dunkelberger, 172 N.W.2d 137, 140 (Iowa 1969), and citations. The doctrine applies when five conditions are met: “(1) the statute contains an enumeration by specific words; (2) the members of the enumeration constitute a class; (3) the class is not exhausted by the enumeration; (4) a general term follows the enumeration; and (5) there is not clearly manifested an intent that the general term be given a broader meaning than the doctrine requires.” 2 Sutherland, Statutory Construction, § 4910 at 400 (Third Ed.1943).
In this case the five conditions are satisfied. The statute contains an enumeration by specific words. Warnings “by automatic signal or crossing gates or a flagman” are included. They are each extraordinary devices located at railroad crossings to warn vehicles to stop because of approaching trains. Where crossings are more than ordinarily hazardous, additional signals of the nature enumerated in Code § 321.341 may be required. Wickman v. Illinois Central R. Co., 253 Iowa 912, 917 , 114 N.W.2d 627, 629-630 (1962). In contrast, the statutory requirement of warning by whistle and bell establishes a minimum duty which must be met in every case. Russell v. Chicago, R. I. & P. R. Co., 249 Iowa 664, 668 , 86 N.W.2d 843, 845-846 (1958); § 478.19, The Code. Thus, a warning by whistle and bell is an ordinary signal; a warning by a signal named in § 321.341 is extraordinary. The extraordinary signals in § 321.341 constitute a class.
The enumeration in § 321.341 does not exhaust the class. For example, extraordinary signals required at unusually hazardous crossings could conceivably include a device at the crossing which was not automatic such as a barricade, stop sign or watchman. The legislature did not purport to exhaust the class of extraordinary signals by enumerating the most common examples. Cf. Strom v. Des Moines & Central Iowa Ry. Co., 248 Iowa 1052, 1068-1069 , 82 N.W.2d 781, 790-791 (1957) (more than ordinarily dangerous crossings require an additional signal “like gates, flashing lights, bell, gong, or other device”) (italics supplied).
There is of course no question that the general term “or otherwise” follows the enumeration. Further, no intent is manifested that the general term be given a broader meaning than the doctrine of ejus-dem generis requires. All conditions for applicability of the doctrine are met.
The general term must therefore be confined to the class and not interpreted to *122 enlarge it. The statutory minimum signal by whistle and bell is not in the same class as the extraordinary additional signals enumerated in § 321.341 and is therefore not embraced by the words “or otherwise.”
There is nothing unusual about giving a restricted meaning to this general term. Hodgson v. Mountain & Gulf Oil Co., 297 F. 269, 272 (D.C.Wyo.1924) (“The ejus-dem generis rule of statutory construction is that a ‘clean-up’ phrase of this character will include only things of a like or similar kind * * *.”); 50 Am.Jur. Statutes § 249 at 246 (“[Sjuch terms as * * * ‘otherwise’ * * * when preceded by a specific enumeration, are commonly given a restricted meaning, and limited to articles of the same nature as those previously described.”) ; 82 C.J.S. Statutes § 332 at p. 662 (“The rule * * * has frequently been applied where such terms as * * * ‘or otherwise’ * * * follow an enumeration of particular classes, and where this occurs such words are to be read as ‘other such like’ and are construed to include only others of like kind or character.”).
The majority strains so hard to give unrestricted meaning to the words “or otherwise” that it destroys the meaning of the specific words enumerated ahead of them. If the legislature intended the result reached by the majority it would have omitted enumeration of particular crossing signals and simply imposed the duty to stop a vehicle approaching a railroad crossing upon any warning of the immediate approach of a train. Cf. 2 Sutherland, Statutory Construction, § 4910 at 400-401 (Third Ed. 1943). In imputing general meaning to the general words the majority has, contrary to the doctrine of ejusdem generis, vitiated the effect of the specific words.
The ejusdem generis rule instead gives effect to both the particular and the general words “ ‘by treating the particular words as indicting the class, and the general words as extending the provisions of the statute to everything embraced in that class, though not specifically named by the particular words.’ ” 2 Sutherland, Statutory Construction, § 4909 at 399 (Third Ed. 1943), quoting National Bank of Commerce v. Estate of Ripley, 161 Mo. 126, 131 , 61 S.W. 587, 588 (1901).
II. In construing statutes we are also obliged to try to avoid unjust, unreasonable and absurd consequences. Harnack v. District Court of Woodbury County, 179 N.W.2d 356, 361 (Iowa 1970). The majority’s interpretation has the anomalous effect of charging the driver of a vehicle with negligence per se in failing to respond to a warning, whether the warning is legally adequate or not. Violation of § 321.341 is negligence per se. Chicago, Rock Island & Pacific Railroad Co. v. Breckenridge, 333 F.2d 990, 995-996 (8 Cir. 1964). We discussed the basis of the doctrine of negligence per se and its application in analogous circumstances in Jorgensen v. Horton, 206 N.W.2d 100 (Iowa 1973) filed separately this date. Where the adequacy of a warning given is a question of fact on the issue of a defendant’s negligence it cannot with consistency be converted to an adequate warning as a matter of law on the issue of a plaintiff’s contributory negligence.
We have long held a drive'r is entitled to assume a railroad will comply with requirements of law in warning of the approach of a train. Evidence that required signals were not given is proper to be considered on the issue whether a vehicle driver exercised ordinary care for his own safety. Strom v. Des Moines & Central Iowa Ry. Co., supra, 248 Iowa at 1062-1064 , 82 N.W.2d at 787-788 (1957); Gray v. Chicago, R. I. & P. Ry. Co., 160 Iowa 1, 11-12 , 139 N.W. 934, 938 (1913). Yet the majority’s interpretation destroys this concept where an inadequate signal is given. A railroad might be negligent in failing to warn the traveler by extraordinary signal rather than only the whistle and bell. Despite this negligence the traveler would be negligent as a matter of law in failing to heed the inadequate warning by whistle *123 and bell, taking from the traveler his right to have the jury determine in that situation whether he exercised reasonable care and nullifying his right to assume he would receive a proper signal.
This case illustrates the anomaly. A jury question was engendered -as to whether the crossing was sufficiently hazardous to require extraordinary warnings such as by automatic device or flagman at the crossing. Since it was undisputed the only warning given was by cross buck and whistle and bell, the jury was instructed defendants would be negligent if it found the crossing to be unusually hazardous. At the very same time, trial court told the jury in a separate instruction plaintiff could not recover if Hoyt failed to stop after the train sounded a warning by whistle and bell. The interpretation given § 321.341 by the trial court had the effect of requiring the jury to find Hoyt contributo-rily negligent as a matter of law for failing to respond to a warning which it could find inadequate. It denied him his right to assume he would receive a proper signal. I do not think the legislature intended such an unjust, unreasonable and absurd result in enacting Code § 321.341.
This conclusion is supported by a related principle of interpretation. We assume the legislature knew the existing state of the law at the time of its enactment. Jahnke v. Incorporated City of Des Moines, 191 N.W.2d 780, 787 (Iowa 1971). On that basis we presume the legislature did not intend by its enactment to overturn long-established legal principles unless its intention to do so appears by express declaration or unmistakable implication. Ritter v. Dagel, 261 Iowa 870, 878-879 , 156 N.W.2d 318, 323 (1968). Code § 321.341 is based upon a 1937 enactment, 47 G.A., ch. 134, § 366. At that time and since then, as shown by Gray and Strom, supra, we recognized a motor vehicle driver’s right to assume a railroad will give a proper warning of the approach of a train as a relevant factor in assessing whether the driver exercised reasonable care for his own safety. As shown by Wickman v. Illinois Central R. Co., supra, we distinguished between ordinary and extraordinary signals in determining what would constitute a proper warning.
There is nothing in .§ 321.341 to suggest the legislature intended to eliminate the significance of this distinction as it affects a traveler’s right to assume he will be given a proper signal. We are bound to presume it did not intend to overturn this legal principle by making it negligence per se for the traveler to fail to stop in response to a signal by whistle and bell where an additional signal is legally required.
Giving full consideration to the words “or otherwise” in context in the light of these applicable principles of statutory interpretation, I believe trial court erred in submitting the specification of Hoyt’s negligence under § 321.341 to the jury.
I would reverse and remand for new trial on plaintiff’s appeal.
MOORE, C. J., and REYNOLDSON, J., join this dissent and UHLENHOPP, J., joins Division I hereof.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9857974. Public record. Not legal advice.