Keokuk Packet Co. v. Henry

Citations

• 50 Ill. 264

Syllabus

<p>1. Negligence—of mutual negligence. In an action to recover damages resulting to a person while leaving a steamboat, the injury being occasioned by a want of proper time and facilities for landing, it was held, that although the boat was violating the law by racing with another boat, and by reason thereof its stoppage at the-usual landing place was abridged, so that the plaintiff had not a reasonable time allowed him to leave the boat in the usual manner by the staging, still that did not relieve him from the duty of exercising proper care and prudence in leaving the boat. The fact that a person is not afforded a safe mode of landing from abdat, does not authorize him to adopt another mode which is also dangerous,</p> <p>2. The rule in such cases is, if the plaintiff has been guilty of .negligence, he cannot recover unless that of the defendant is greatly in excess.</p> <p>S. Pbesumptions—as to persons going on board a steamboat—whether as passengers. When a steamboat lands at one of its usual stopping places for taking on passengers and freight, it is not a presumption of law that every person who goes on board does so as a passenger, unless he notifies an officer of the boat to the contrary, so as to relieve the officers from the duty of giving to such as do not come aboard as passengers, proper time and facilities for getting ashore.</p>