Bardwell v. Mobile & Ohio R. R.

Citations

• 63 Miss. 574

Syllabus

<p>Railroad Company. Action against. Negligence in jumping from train. Advice of conductor.</p> <p>B., being a passenger on a railroad train, and having paid his fare between two stations, requested the conductor to stop for him to get off at an intermediate crossing, which was not a station. The conductor declined to stop the train, as requested, but agreed that he would slacken its pace so that B. might jump off. When the train reached the crossing the conductor directed B. how and when to jump. B. followed his directions, fell, and was injured. It was on a dark night, and the train was running at from six to twelve miles an hour. B. sued the railroad ■ company for damages. It was proven that he was a man of intelligence, and he admitted that he knew his jump was dangerous. The court instructed the jury to find for the defendant. Held, that the instruction was proper. It was the duty of the plaintiff to exercise his own judgment and discretion as a prudent and reasonable man, and the advice of the conductor furnished no legal excuse for his failure so to do.</p>