Carr v. River & Eureka Railroad

Citations

• 98 Cal. 366
• 21 L.R.A. 354
• 33 P. 213
• 1893 Cal. LEXIS 928

Syllabus

<p>Negligence—Insufficient Stoppage of Train at Station—Liability of Bail-road Company.—It is the duty of a railroad company to stop its train at a station for a reasonable time, in order that passengers may get on and off its cars with safety to themselves, and if it fails so to do, and injury results to passengers from the starting of the train while passengers are alighting, the company is guilty of negligence, and is responsible in damages for such injury.</p> <p>Id.—Duty of Gabbier of Passengers.—A common carrier of passengers for hire is bound to use the greatest care and diligence in their transportation consistent with the carrying on of his business.</p> <p>Id.—Contributory Negligence—Jumping from Moving Train—Question for Jury—Instruction.—-The act of a passenger in jumping from a moving train is not negligence per se, but it is for the jury to say, under all the circumstances of the case, whether the act of jumping was justifiable or not; and if the passenger jumped when carried less than one hundred feet beyond the station, after an attempt to alight at the station, where there was no sufficient time allowed to alight with safety, and there is no evidence as to the speed of the train at the time of jumping, it is proper to instruct the jury that if they find that the train did not stop a reasonable length of time to allow the plaintiff to get off, and that she jumped therefrom while the train was in motion, and under such circumstances that an ordinarily cautious, careful, and prudent person would not have apprehended danger therefrom, she was entitled to recover; but if they found that the jumping was under circumstances where such a person would have apprehended danger, it was an act of carelessness which would relieve the defendant from responsibility, and entitle it to a verdict.</p>