Lobner v. Metropolitan Street-railway Co.

Citations

• 79 Kan. 811
• 101 P. 463
• 1909 Kan. LEXIS 286

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>'.I. Negligence—Overcrowding Street-cars — Injury to Passenger. While it can not be declared negligence as a matter of law for a street-railway company to allow its cars to be crowded with passengers, yet if the company permits its cars to become so crowded that a passenger is pushed Off and injured the question of whether the overcrowding of the cars is negligence is one of fact for the jury.</p> <p>:2. - Contributory. The mere fact that a person rides on a crowded car or the platform of such a car on the invitation of a railway company can not be regarded as contributory negligence per se.</p> <p>S. - Same. One who rides on a crowded car assumes the inconvenience resulting from its crowded condition, but the company, is not for that reason relieved from the responsibility of using due care for the safety of the passengers invited upon such crowded car.</p> <p>4. -Same. Whether a person who enters a car of a street-railway company which is already crowded and rides on a crowded platform, from which he is shoved off and injured, is guilty of contributory negligence is a question to be determined by the jury under all the circumstances brought out in the evidence.</p>