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PASSENGERS.

PASSENGERS.

Defective Track and Roadbed-

Continued.

Raleigh & G. R. Co. (N. Car.),
521 n.

Washout of culvert; injury to
Break-
passenger caused by.

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. R. 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

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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 . 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 7. 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
tinued.

PASSENGERS.
Negligence-Con- Contributory
tinued.

are getting on; company held
liable. Montgomery & E. R.
Co. v. Stewart (Ala.), 541 n.
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 7. 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.),

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Negligence-Com-

herent in such car. New York,
L. E. & W. R. Co. v. Ball (N. J.),
586.

Riding in baggage, mail, and
freight cars. 592 n.

Riding on platform of cars, 584 #.
-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 v. Southern Pac.
R. Co. (Cal.), 585 .

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., I. &
R. Co. (Ala.), 580.

of street car is not negligence
per se although there may be
room within. Upham v. De-
troit City R. Co. (Mich.), 584 m.
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 v. Oxanna L. Co.
(Ala.), 529 #.

Stealing ride on switch engine;
boy injured, not entitled to re-
cover. Egley. Oregon R. &
N. Co. (Wash.), 598 n.
Injury from Fellow Passengers.
Assaults on passengers by fellow
passengers and strangers. Lia-
bility of carrier, 651 #.
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 v
Wis. Cent. R. Co. (Minn.), 649.
Passenger jumping from train
in consequence of threats of
violence and insults of fellow

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Lia-

passengers and employes.
bility of company. Spohn v.
Mo. Pac. R. Co. (Mo.), 651 n.
Torts of Servants.

Assault on passenger by brake-
man. Evidence. Res gestae.
Ala. G. S. R. Co. v. Frazier
(Ala.), 648 n.

by street car 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. O. C. & L. R. Co.
(La.), 645.

Expulsion.

Attempt to retain seat without

re-

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
v. 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-

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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 off, 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.

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
wrongful and passenger
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.

was
Was

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 . Union Pac. R. Co.
(Utah), 615 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.

PASSENGERS.

Expulsion-Continued.

& C. R. Co. v. 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 orto pay fare. See
TICKETS AND FARES.

Injuries around Stations and
Station Platforms.
See STATIONS.
Miscellaneous.

Action for damages against rail-
road companies not bona fide.
Entrapping company into ex-
cuse for bringing suit, 471 .
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.
v. Herndon (Va.), 573 n.
Alighting from train. Opinion
of witness as to the cause
of the accident cannot be
asked. Kelley v. Detroit, L. &
M. R. Co. (Mich.), 572 n.

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.

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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 get-
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 to
have no redress. Wilson .
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 v. Louis-
ville & N. R. Co. (La.), 576.
Count in complaint alleging neg-
ligence for two reasons.

Evi-

PASSENGERS.

Miscellaneous-Continued.
dence to support one charge
only. Alabama G. S. R. Co. v.
Hill (Ala.), 501.
Degree of care.

Instruction that
law requires carriers to exercise
'strict diligence," not error.
Alabama G. S. R. Co. v. Hill
(Ala.), 501.

required in carrying passen-
gers, is the highest care and
skill known. Montgomery, E.
R. Co. ບ. Mallette (Ala.),
500 n.
Derailment; injury to passenger
caused by. Averments in
complaint held sufficiently spe-
cific. Gulf, C. & S. F. R. Co. v.
Wilson (Tex.), 522 n.
Excursion train under manage-
ment of third person; liability
of company to passenger travel-
ing on, 476 n.
Express messenger held not
chargeable with stipulation for
limitation of liability in contract
between express company and
railroad company. Brewer v.
New York, L. E. & W. R. Co.
(N. Y.), 485.

Female passenger; carrier not
entitled to charge that it owes
no greater duty to, than to male
passenger. St. Louis, A. & T.
R. Co. v. Finley (Tex.), 572 n.
Licensee on car; company is re-
sponsible for injury or death,
only when caused by wanton or
intentional wrong. McCauley
v. Tennessee C., I. & R. Co.,
(Ala.), 581.

Instruction

was

that deceased

a mere trespasser held
harmless error. McCauley v.
Tennessee C., I & R. Co. (Ála.),
581.
Operation of road. Presump-

tion is, that company running
the road is the party operating
it. Peabody v. Oregon R. &
N. Co. (Or.). 599.
Overcrowding car. Company is
bound to guard passenger on
platform from danger. Olivier
v. Louisville & N. R. Co. (La.),
576.

passenger voluntarily riding
on platform without effort to ob-
tain seat, cannot allege over-
crowding as negligence. Ol-;

PASSENGERS.

Miscellaneous-Continued.

ivier v. Louisville & N. R. Co.
(La.), 576.

Passenger in feeble health; notice
to conductor that she will re-
quire assistance, need not be
repeated to every other conduc-
tor that may be in charge of the
train. Foss v. Boston & M. R.
Co. (N. H.), 566.

- injury to passenger in feeble
bealth. Liability of carrier,

572 n.
Passenger run over at station.
Evidence as to rule forbidding
trains to pass between station
and another train. Lake Shore
& M. S. R. Co. v. Ward (II.),
533 n.

Person in charge of live stock, in-
jured while in the stock car.
Carrier owed duty of care to
avoid injuring him. Orcutt v.
Northern P. R. Co. (Minn.),
598 n.

Regulation that freight trains
shall not stop at platforms of
stations to take on or put off
passengers, held reasonable.
Connell v. Mobile & O. R. Co.
(Miss.), 461 n.

Rule forbidding passenger to
stand on platform while car is in
motion, is reasonable. Mc-
Cauley v. Tennessee C., I. & R.
Co. (Ala.), 580.

Sudden starting of car, while pas-
senger in care of live stock, was
climbing into stock car, having
been assured of his safety by
the conductor; company liable
for injury received.
Olson v.

St. Paul & D. R. Co. (Minn.),
573.

Trespasser on freight train. Per-
son entering car clandestinely
in order to beat his way, be-
comes a trespasser. Duty of
company to him.
Hendrix v.
Kansas City, F. G. S. & R. Co.
(Kan.), 635 .

PENALTY. See DEATH.

Exposure to penalty does not
warrant a party in refusing to
discover matters where pros-
ecution is barred by statute of
limitations. Manchester & L.
R. Co. v. Concord R. Co. (N.
H.), 359.

Overcharge; voluntary payment

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