Chicago, R. I. & P. Ry. Co. v. Thurlow

Citations

• 178 F. 894
• 30 L.R.A.N.S. 571
• 1910 U.S. App. LEXIS 4573

Syllabus

<p>1. Carriers (§§ 246, 344*) — Carriers of Passengers — Creation of Relation.</p> <p>The relation of carrier and passenger is created only by contract, express or implied, and the presumption is that one riding out of the place provided by a railroad company for passengers is not a passenger, or, if such, that he has assumed the increased risk from riding there.</p> <p>[Ed. Note. — For other eases, see Carriers, Cent. Dig. §§ 1284, 1399; Dec. Dig. §§ 246, 344.*]</p> <p>2. Carriers (§ 247*) — Carriers of Passengers — Termination of Relation. The relation of carrier and passenger between a railroad company and</p> <p>one riding on one of its trains terminates when the passenger has reached the place of his destination and has had reasonable time to alight and leave the company’s premises.</p> <p>[Ed. Note. — For other cases, see Carriers, Cent. Dig. §§ 984r-993; Dec. Dig. § 247.*</p> <p>Continuance of passenger relation, see note to Chesapeake & O. Ry. Co. V. King, 40 O. C. A. 437.]</p> <p>3. Carriers (§ 247*) — Railroads (§ 275*) — Carriers of Passengers — Termination of Relation — Su*sequent Injury to Passenger.</p> <p>Plaintiff’s husband shipped an emigrant car over defendant’s railroad, containing household and other goods and horses. The contract provided that he should be transported on the same train for the purpose of caring for the stock and should ride in the caboose. The car reached its destination in the evening and was placed on a passing track. Deceased paid the freight and unloaded his horses into the stockyards, and cared for them for the night, after which he went into the'car to sleep without the knowledge of defendant’s employes. During the night in some unknown way the car was started, and ran down a grade and upon the main track, where it came into collision with a train, and he was killed. There was a hotel near by, and the car had a padlock with which it could be securely fastened. Held, that he was not a passenger after .his horses were unload