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PASSENGERS.
Defective Track and Roadbed-

Continued.
Raleigh & G. R. Co. (N. Car.),

521 n.
Washout of culvert ; injury to

passenger caused by. Break-
ing of dam on adjoining prop-
erty. Bonner v. Wingate (Tex.),

521 n.
Freight Trains.
Rule forbidding that such trains

shall receive passengers at some
other place than station or plat-
form, is reasonable. Browne
v. Raleigh & G. R. Co. (N.

Car.), 544.
Contributory Negligence.
Alighting at unsuitable place,

where train has been drawn be-
yond station. Contributory
negligence of passenger in
feeble health, getting off without
assistance of employes. Foss
v. Boston & M. Ř. Co. (N. H.),

566.
Alighting from car on wrong side

of train. Contributory negli-
gence of passenger violating
known rule. Drake v. Penn.
sylvania R. Co. (Pa.), 572 n.
Alighting from moving train
563 n.

moving train, after station
had been called and car door
opened. Stopping place un-
lighted. England v. Boston &
M. R. Co. (Mass.), 563 n.

-train moving at the rate of
six miles an hour. Passenger
run over by train on another
track, cannot recover. Dewald
v. Kansas City, F. S. & G. R.
Co. (Kan.), 557:

moving train. Custom of
train to slow up at station.
Failure to slacken speed on the
occasion in question. Brown v.
Chicago M. & St. P. R. Co.
(Wis.), 563 n.

moving train. Boy jumping
from train to avoid being car-
ried past destination. Action by
parents. Negligence in the care
of child. Avey v. Galveston,
H. & S. A. R. Co. (Tex.). 565 n.

moving train. Boy jumping
from train to avoid being car-
ried past destination ; petition
held not to show on its face
contributory negligence. Avey

PASSENGERS.
Contributory Negligence-Con-

tinued.
v. Galveston, H. & S. A. R, Co.

(Tex.), 564 n.
Alighting from moving train.

Fact to be considered in de-
termining contributory negli-
gence of
passenger.

Little
Rock & F.S. R. Co. v. Tankersly
(Ark.), 565 n.

moving train. Jumping
from wild car running down
grade without anyone in charge
of it. Western Md. R. Co. v.
Herold (Md.), 564 n.

moving train. Passenger
failing to alight when train stop-
ped; but getting off after it had
started. Little Rock & F. S. R.
Co. v. Tankersly (Ark.), 565 n.

moving train. Starting train
before passenger has time to
alight. Leggett v. Western N.
Y. & P. R. Co. (Pa.), 563 n.

moving train under failure
of train to stop at station, does
not justify hazardous attempt
to alight. Little Rock & F. S.

R. Co. v. Tankersly (Ark.), 564.
Boarding train. Conductor rep-

resents the company ; and per-
son boarding car may rely on
his assurance that it is safe.
Olson v. St. Paul & D. R. Co.
(Minn.), 573.

moving train ; attempt, is
contributory negligence is a mat-
ter of law. Jury properly in-
structed to find for defendant.
Bacon v. Delaware, L. & W. R.
Co. (Pa.), 541 n.
moving train.

Passenger
cannot recover, unless he shows
that there was no manifest risk
and that train did not stop long
enough to allow him to get on.
Browne v. Raleigh & G. R. Co.
(N. Car.), 544.

moving train in proximity to
projecting platform liable to
cause injuries, held contribu-
tory negligence although at-
tempt was made at direction of
conductor. Hunter v. Coopers-
town & S. V. R. Co. (N. Y.),
534.

moving train which failed to
stop at station. Conductor
causing train to suddenly accel-
erate its speed while passengers

PASSENGERS.
Contributory Negligence-Con-

tinued.
are getting on; company held
liable. Montgomery & E. R.

Co. v. Stewart (Ala.), 541 1.
Crossing track at station in order

to reach train, Passenger
struck by another train held
negligent, and not entitled to
recover. Debbins v. Old Col.

ony R. Co. (Mass.), 531.
Delay of passenger in getting on

train. Company not liable for
injury caused by starting train
before passenger had boarded
it. Browne v. Raleigh & G. R.

Co. (N. Car.), 544.
Getting on car before official an.

nouncement that it was ready ;
contrary to regulation, which
was not published or known.
Passenger not guilty of contrib-
utory negligence. Wester Md.
R. Co. v. Herold (Md.), 598 n.

before regular time. Plaint-
iff held guilty of contributory
negligence. Hodges v. New

Hanover T. Co. (N. Car.), 597 n.
Intoxicated passenger expelled

from train and injured while
walking along track, held guilty
of contributory negligence.
Ham v. President, etc. D. & H.

C. Co. (Pa.), 635 n.
Passenger in charge of live stock

injured while in the stock car.
Carrier owed duty of care to
avoid injuring him. Orcutt v.
Northern P. R. Co. (Minn.),

598 n.
Postal clerk injured while riding

in mail car ; fact that such car
was most dangerous, immater-
ial to right to recover. Gulf C.
& S. F. R. Co. v. Wilson (Tex.),

491 n.
Protruding hand from window of

moving train ; no recovery for
injuries received.

Favre v.
Louisville & N. R. Co. (Ky.),
594.

or arm from car window,
597 n.
Riding in baggage car; held error

to charge that conduct of pas-
senger amounted to negligence.
New York, L. E. & W. R. Co. v.
Ball (N. J.), 586.

passenger held to have taken
risk of injury from dangers in-

PASSENGERS.
Contributory Negligence-Cox.

tinued.
herent in such car. New York,
L. E. & W.R. Co. o. Bail(N. J.),

586.
Riding in baggage, mail, and

freight cars. 592 n.
Riding on platform of cars. 584 8.

conductor seeing passenger
and collecting his fare without
objection ; company cannot at-
tribute injury to occupancy of
platform. Olivier v. Louisville
& N. R. Co. (La.), 576.

Passenger going on platform
in fear of disaster. Contribu.
tory negligence a question for
jury. Mitchell z'. Southern Pac.
R. Co. (Cal.), 585 7.

Passenger must conduct him.
self with such caution as his posi-
tion requires. Olivier v. Louis-
ville & N. R. Co. (La.), 576.

with knowledge of rule for-
bidding it precludes passenger
from recovering for injury.
McCauley v. Tennessee C., 1. Å
R. Co. (Ala.), 580.

of street car is not negligence
per se although there may be

room within. Upham 2. De-
troit City R. Co. (Mich.), 584 .
Sitting on end of open coal car;

passenger held to have been
negligent as a matter of law.

Jackson v. Crilly (Colo.). 597 #.
Station platforms; contributory

negligence of passengers in us-
ing. Watson 7. Oxanna L. Co.

(Ala.), 529 n.
Stealing ride on switch engine :

boy injured, not entitled to re-
cover. Egley 7. Oregon R. &

N. Co. (Wash.), 598 n.
Injury from Fellow Passengers.
Assaults on passengers by fellow

passengers and strangers. Lia-

bility of carrier, 651 n.
Duty of carrier to exercise highest

diligence to protect passenger
from violence of fellow passen-
gers.

Mullen v'. Wis. Cent.
R. Co. (Minn.), 649.
Evidence held not to show a

breach of company's duty to pro-
tect passengers.

Mullan 2.
Wis. Cent. R. Co. (Minn.), 649.
Passenger jumping from train

in consequence of threats of
violence and insults of fellow

man.

Res gestae.

car

PASSENGERS.
Contributory Negligence-Con-

tinued.
passengers and employes. Lia.
bility of company. Spohn v.

Mo. Pac. R. Co. (Mo.), 651 n.
Torts of Servants.
Assault on

passenger by brake.

Evidence.
Ala. G. S. R. Co. v. Frazier
(Ala.), 648 n.
by street

conductor.
Company held liable. Savan.
nah St. & R. R. Co. v. Bryan
(Ga.), 648 n.

for refusal to leave moving
train. Ala. G. S. R. Co. v.

Frazier (Ala.), 648 n.
Liability of carrier for injury to
passenger through tortious acts

of servants, 648.
Servant seizing passenger to pre-

vent his boarding moving train.
Intoxication of plaintiff. Evi-
dence. Harrold v. Winona &

St. P. R. Co. (Minn.), 648 n.
Street car driver causing arrest

of passenger on false charge of
passing counterfeit

money.
Company liable. Laffite v. New
Orleans C. & L. R. Co. (La.),

645.
Street railways must protect pas-

sengers against violence and
injuries of their own servants.
Laffite v. N. 0. C. & L. R. Co.

(La.), 645.
Expulsion.
Attempt to retain seat without

paying fare wrongfully de.
manded; passenger cannot re-
cover damages for injury in.
curred by forcible expulsion:
He should have paid his fare
and left train, and then
sorted to his remedy. Peabody
7. Oregon R. & N. Co. (Or.),

598.
Damages. Excessive damages

for wrongful expulsion of pas-
senger. What verdicts have
been sustained and what set
aside, 643 n.

Passenger cannot recover for
effort, exposure and expense
needlessly incurred by him.
Georgia R. & B. Co. v. Eskew
(Ga.), 636.

verdict of $750, held to be
excessive, cause of action be-
ing traceable to mistake of con-

PASSENGERS.
Expulsion-Continued.

ductor. Georgia R. & B. Co.

v. Eskew (Ga.), 636.
Damages. Wounded feelings ;

compensation for, should be
adjusted for all the circum-
stances. Georgia R. & B. Co.

v. Eskew (Ga.), 636.
Exemplary damages. Intention

of conductor to expel plaintiff,
or plaintiff's misunderstanding
of him, was relevant evidence.
Georgia R. & B. Co. v. Eskew
(Ga.), 635.

allowed where there is ejec-
tion of passenger from moving
train, on a dark night. Fell v.
Northern Pac. R. Co. (C. C.),
622 n.

cannot be recovered unless
undue force, rudeness, insult or
malice is shown. Tomlinson v.
Wilmington & S. C. R. Co. (N.
Car.), 620.

may be given for wrongful
ejectment, if malice and op-
pression are shown. Louisville,
N. A. & C. R. Co. v. Wolfe

(Ind.), 630.
Indecent language used by pas-

senger and refusal to pay fare,
warrants his expulsion. Louis-
ville & N. R. Co. v. Johnson
(Ala.), 611.
Identity of person expelling pas-

senger. Presumption that per-
son pretending to be conductor,
was him. Strong proof re-
quired to relieve company from
liability. Lampkins v. Vicks-

burg, S. & P. R. Co. (La.), 622.
Injury to passenger for expulsion.
Contributory negligence in
walking along track. Intoxica-
tion. Ham v. President, etc.,

D. & H. C. Co. (Pa.), 635 n.
Intention of conductor to expel

plaintiff. The fact that he re-
mains silent when plaintiff com-
plained about being compelled
to get oft, should be considered.
Georgia R. & B. Co. v. Eskew

(Ga.), 635.
Leaving train. Passenger need

not wait to be forcibly ejected,
if conductor has ordered him to
get off. He may leave and ob-
tain redress for expulsion.
Georgia R. & B. Co. v. Eskew
(Ga.), 635.

re-
as

to

PASSENGERS.
Expulsion-Continued.

& C. R. Co. 7. Wolfe (Ind.),

630.
Round trip ticket.” Mistake of

conductor in detaching coupon.

See TICKETS AND FARES.
Tickets and fares. Expulsion of

passenger for failure to produce
proper ticket or to pay fare. See

TICKETS AND FARES.
Injuries around Stations and

Station Platforms.
See STATIONS.
Miscellaneous.
Action for damages against rail.

road companies noi bona fide.
Entrapping company into ex-

cuse for bringing suit, 471 1.
Alighting from car which plaintiff

alleged was not at its customary
stopping place. Admissibility
of evidence as to such stopping
place. Alexandria & F. R. Co.

0. Herndon (Va., 573 n.
Alighting from train. Opinion
of witness

the cause
of the accident cannot be
asked. Kelley v. Detroit, L. &
M. R. Co. (Mich.), 572 n.

PASSENGERS.
Expulsion-Continued.

Intoxicated passenger, 615 n.
Misconduct of conductor towards

female passenger, whom he vio-
lently expelled on account of
her producing ticket punched by
mistake. Johnson v. Northern

Pac. R. Co. (C. C.), 634 n.
Mistake of conductor is no excuse

for expulsion, where it was
wrongful and passenger was
denied his rights. Georgia R.

& B. Co. v. Eskew (Ga.), 635.
Moving train ; ejection of tres.

passer from, held to render de.
fendant liable. Gulf, C. & F.
S. R. Co. v. Kirkbride (Tex.),
620 n.

Expulsion of trespasser from
train moving slowly, not negli-
gence per se. Southern Kan. R.

Co, v. Sanford (Kan.), 615.
Expulsion. Moving train ; ex-

pulsion of passenger from,

619 n.
Negligence or wantonness in ex-

pelling passenger is a question
for jury. Southern Kan. R.

Co. v. Sanford (Kan.), 615.
Person desiring to be ejected in

order to bring suit, cannot re-
cover for wounded feelings. St.
Louis & S. F. R. Co. v. Trimble

(Ark.), 635 n.
Place. Company cannot eject

passenger for non-payment of
fare, except at stopping place.
Nichols v. Union Pac. R. Co.
(Utah), 6I5 n.

Place at which passenger
may be expelled, 615 n.

of expulsion dangerous only
to persons going unnecessarily
on the track. Company not lia-
ble for death of intoxicated pas-
senger expelled. Louisville &
N. R. Co. v. Johnson (Ala.),

611.
Profane language ; use of, in re-

ply to false charge of conduc-
tor that passenger's fare had
not been paid, will not justify
expulsion. Louisville, N. A.
& C. R. Co. v. Wolfe (Ind.),

630.
Resistance. Passenger lawfully

on car may make reasonable re.
sistance to expulsion, and re-
cover for injuries received while
so resisting. Louisville, N. A.

Passenger carried beyond
station platform, may rely on
assistance of employes in get-
ting off. If she does not notice
the distance from step to the
ground and they fail to help
her, the fault is the carrier's.
Foss v. Boston & M. R. Co. (N.

H.), 566.
Boarding train. Company liable

for injury caused by act of con-
ductor in suddenly causing slow.
ly moving train to accelerate its
speed, while passenger is gel-
ting on. Montgomery & E. R.

Co. v. Stewart (Ala.). 541 ..
Carrying passenger beyond station

while he was asleep. Stopping
car at request of passenger, who
was injured while walking back
to station. Passenger held 10
have no redress. Wilson 1'.
New Orleans & N. E. R. Co.

(Miss.), 572 n.
Cause of injury; plaintiff's admis.

sions and statements made in
his presence as to, held evidence
against him. Olivier o. Louis-

ville & N. R. Co. (La.), 576.
Count in complaint alleging neg-

ligence for two reasons. Evi-
son entering car clandestinely
Operation of road. Presump- in order to beat his way, be-
tion is, that company running

over

PASSENGERS.

PASSENGERS.
Miscellaneous—Continued.

Miscellaneous-Continued.
dence to support one charge ivier v. Louisville & N. R. Co.
only. Alabama G. S. R. Co. v. (La.), 576.
Hill (Ala.), 501.

Passenger in feeble health; notice
Degree of care. Instruction that to conductor that she will re-

law requires carriers to exercise quire assistance, need not be
“strict diligence," not error. repeated to every other conduc-
Alabama G. S. R. Co. v. Hill tor that may be in charge of the
(Ala.), 501.

train. Foss v. Boston & M. R.
required in carrying passen. Co. (N. H.), 566.
gers, is the highest care and

injury to passenger in feeble
skill known. Montgomery, E. bealih. Liability of carrier,
R. Co. Mallette (Ala.),

572 n.
500 n.

Passenger run at station.
Derailment ; injury to passenger

Evidence as to rule forbidding
caused by. Averments in trains to pass between station
complaint held sufficiently spe. and another train. Lake Shore
cific. Gulf, C. & S. F. R. Co. v. & M, S. R. Co. v. Ward (Ill.),
Wilson (Tex.), 522 n.

533 n.
Excursion train under manage- Person in charge of live stock, in-

ment of third person ; liability jured while in the stock car.
of company to passenger travel. Carrier owed duty of care to
ing on, 476 n.

avoid injuring him. Orcutt v.
Express messenger held not Northern P. R. Co. (Minn.),

chargeable with stipulation for 598 n.
limitation of liability in contract Regulation that freight trains
between express company and shall not stop at platforms of
railroad company.

Brewer v.

stations to take on or put off
New York, L. E. & W. R. Co. passengers, held reasonable.
(N. Y.), 485.

Connell v. Mobile & O. R. Co.
Female passenger ; carrier not (Miss.), 461 n.

entitled to charge that it owes Rule forbidding passenger.
no greater duty to, than to male stand on platform while car is in
passenger. St. Louis, A. & T. motion, is reasonable. Mc.
R. Co. v. Finley (Tex.), 572 n.

Cauley v. Tennessee C., I. & R.
Licensee on car ; company is re.

Co. (Ala.), 580.
sponsible for injury or death, Sudden starting of car, while pas.
only when caused by wanton or senger in care of live stock, was
intentional wrong: McCauley climbing into stock car, having
v. Tennessee C., I. & R. Co., been assured of his safety by
(Ala.), 581.

the conductor; company liable
Instruction that deceased for injury received.

Olson v.
was mere trespasser held St. Paul & D. R. Co. (Minn.),
harmless error. McCauley v. 573.
Tennessee C., I & R. Co. (Ala.), Trespasser on freight train. Per.
581.

to

a

a trespasser. Duty of
the road is the party operating

company to him.

Hendrix v.
it. Peabody v. Oregon R. & Kansas City, F. G. S. & R. Co.
N. Co. (Or.), 599.

(Kan.), 635 n.
Overcrowding car. Company is PENALTY. See Death.

bound to guard passenger on Exposure to penalty does not
platform from danger. Olivier warrant a party in refusing to
v. Louisville & N. R. Co. (La.), discover matters where pros-
576.

ecution is barred by statute of
passenger voluntarily riding limitations. Manchester & L.
on platform without effort to ob- R. Co. v. Concord R. Co. (N.
tain seat, cannot allege over-

H.), 359.
crowding as negligence. Ol-, Overcharge; voluntary payment

comes

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