Alabama & Vicksburg Railway Co. v. Stacy

Citations

• 68 Miss. 463

Syllabus

<p>1. RAILROADS. Flag-station. Accommodations for passengers.</p> <p>If at a flag-station the place is ordinarily safe and convenient for passengers to get on and off trains, the railroad company is not liable for failure to furnish special accommodations to keep them off the wet ground in time of much rain.</p> <p>2. Same. Flag-station. Passenger accommodations. Case.</p> <p>A passenger train stopped at a flag-station where there were no passenger accommodations, but where it usually stopped at or somewhere near a public crossing. To allow a freight train to pass, the train went a little beyond the crossing, and a lady passenger, having a ticket to that place, reached the steps to alight, but found the ground overspread with water from excessive rains. She remarked to the conductor on the unsuitableness of the spot, to which he replied in an impatient manner, “No matter, it is the station.” She did not demand to have the train backed or refuse to alight, but accepted his assistance and stepped off. Ordinarily, one place there was as convenient as another, and at this time the crossing, though not covered with water, was muddy and the ground everywhere wet. Much water could have been avoided by passing back through the sleeper, but this was not suggested. Held, she could not recover for injuries resulting from getting her feet wet.</p>