Graham v. McNeill

Citations

• 20 Wash. 466
• 43 L.R.A. 300
• 55 P. 631
• 1899 Wash. LEXIS 184

Syllabus

<p>CARRIERS—DUTY TO PROVIDE SEATS—PASSENGERS RIDING ON PLATFORM -WAIVER OF RULES-CONTRIBUTORY NEGLIGENCE.</p> <p>It is not negligence per se for a passenger to ride upon the platform of a passenger car, hut, if he is injured while occupying that position, it is a question for the jury, whether his own negligence or that of the railway company is the proximate cause.</p> <p>Where a railway company does not provide sufficient cars for its passengers, but compels some to ride upon the platform through the lack of accommodations, it is such negligence as will render the company liable for injuries received by any of the passengers riding there, when they are otherwise free from negligence themselves.</p> <p>When a railroad company fails to provide suitable accommodations for its passengers inside its coaches, its action in receiving them on its train constitutes á waiver of its rule against passengers standing on the platforms.</p>