Falls v. San Francisco & North Pacific Railroad

Citations

• 97 Cal. 114
• 31 P. 901
• 1893 Cal. LEXIS 495

Syllabus

<p>Railroads—Negligence — Condition of Station—Measure of Care Required. — Carriers of passengers are bound simply to exercise ordinary care as to the condition of the station at which passengers are received, in view of the dangers to be apprehended; and whether there has been an exercise of such care depends upon the circumstances of the case, the nature of the road, and the character of the traffic and place where the accident occurred.</p> <p>Id. — Freight upon Platform at Flag-station — Accident not Reasonably Anticipated — Verdict against Evidence. — At flag-stations established for the convenience of sparsely settled districts, railroad companies have the right to use the same platform for the depositing of freight and for the accommodation of passengers, and if they use ordinary and reasonable care to allow sufficient room for passengers, are not responsible for an unforeseen accident, arising to a passenger from stumbling over a deposit of freight, in broad daylight, which could not have been reasonably anticipated; and a verdict rendered in favor of the person injured by such accident will be set aside upon appeal as against evidence, where the evidence clearly shows that ordinary care was used by the railroad company, and that it could not have reasonably anticipated the accident.</p>