Camden & S. Ry. Co. v. Rice

Citations

• 137 F. 326
• 69 C.C.A. 656
• 1905 U.S. App. LEXIS 4543

Syllabus

<p>D Carriers—Street Railroads—Injuries to Passengers—Time to Alight— '' Contributory Negligence. '</p> <p>In-an action for injuries to a passenger on a street railway car while attempting to alight, evidence held to require submission of plaintiff’s contributory negligence to the jury.</p> <p>2. Same—Actions—Pleading—Issues and Proof.</p> <p>In an action for injuries to a passenger by the premature starting of a street car as. she was attempting to alight, an allegation that it then and there became and was the duty of the defendant to use due care that the plaintiff should be safely conveyed on her journey, was sufficient to present. the question of defendant’s negligence in not properly supervising the car and in looking after passengers at the point where plaintiff attempted to alight, to see whether any of them wanted to alight or not, and whether defendant’s employés did everything that reasonable prudence required of them at the time, etc.</p> <p>3. ' Same—Evidence—Moral Character—Effect—Limitation.</p> <p>■ Wher-e, in an action for injuries to a passenger on a street car, defendant. in rebuttal, introduced evidence showing a physical condition since the accident different from that described by plaintiff at the trial some of which tended to asperse plaintiff’s moral character, it was not error for the court to charge that the evidence relating to plaintiff’s moral conduct could not be used to impeach her testimony as a witness.</p> <p>4. ' 'Same—Negligence.</p> <p>Where a street car approached a railroad crossing protected by a derailing switch there was no negligence in the mere fact that the conductor of the street car left it and went ahead to operate the switch.</p>