Carroll v. Burleigh

Citations

• 15 Wash. 208
• 46 P. 232
• 1896 Wash. LEXIS 163

Syllabus

<p>CARRIERS — INJURIES TO PASSENGERS — CONTRIBUTORY NEGLIGENCE ■— INSTRUCTIONS.</p> <p>A passenger upon a freight train, which also carries passengers, who has been injured by the sudden starting of the train while alighting, is not guilty of contributory negligence, as a matter of law, in attempting to alight therefrom before it had pulled up to the depot platform, or before notice to get off had been given, when the train had come to a stop a few feet distant from the platform, where it appears that the train stopped at this time at its usual place of stopping, that it was customary for the passengers to get of at that place or when the first stop was made, and that the plaintiff had knowledge of such custom.</p> <p>The fact that the court, in charging the jury as to the right of plaintiff to recover in case of the defendant’s negligence, left out of consideration the question of contributory negligence of the plaintiff, is not error, when the court expressly charges the jury upon that point later in the course of its instructions.</p>