Kennon v. Vicksburg, Shreveport & Pacific Railroad
Citations
- 51 La. Ann. 1599
- 26 So. 466
- 1899 La. LEXIS 597
Syllabus
<p>Syllabus.</p> <p>Railroad companies have no right to start a train off prematurely while a lady passenger, encumbered with bundles, is properly standing on the platform to alight, rendering it more difficult, if not dangerous, to return into the coach, than if it were standing, and then insist, in case of her being thrown from the ear, that she should affirmatively and directly show that this was the result of some act of the company, then and there occurring, and not the result of her awkwardness, or clumsiness, or of accident.</p> <p>They have no right to place the passenger in a position of increased difficulty or danger, and, if they do so, they assume the risk (in the absence, at least, of affirmative proof of carelessness, or negligence, on the part of the passenger), that she can and will get back in safety.</p>
Judges: Nioholls
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