Illinois Central Railroad v. Massey

Citations

• 97 Miss. 794
• 53 So. 385

Syllabus

<p>1. Railroads. Passengers. Announcement of station.</p> <p>The customary announcement of a station by the flagman of a-passenger train, with the words, “All out for” such station, and his fastening back of the door of the car, was not an invitation to passengers to get off accompanied with an assurance that the train had arrived at the station, but was merely the imparting of information to such passengers as might desire to get off at the station, so that they could be in readiness to do so.</p> <p>2. Same. Same. Passenger alighting at station. Oare required.</p> <p>Even if a passenger did interpret such announcement as an invitation to him to alight, with an assurance that the train had stopped, he would not thereby he absolved from the duty to use due care; and where a passenger, upon such anouncement, repaired to the platform, while the train was moving, at a place with which he was perfectly familiar, so that the least observation would have shown him that the train was in motion, and,, without looking or taking any precaution to see if the train was moving, stepped off, and was run over and injured, he could not. recover.</p> <p>8. Same. Same. Same. Negligence of carrier.</p> <p>The flagman, standing on the platform, had a right to assume that the passenger would not attempt to alight before the train had stopped, and was not negligent in failing to warn him not to get. off, as he descended the steps.</p>