Lynch v. Missouri Pacific Railway Co.

Citations

• 92 Kan. 735
• 142 P. 938
• 1914 Kan. LEXIS 316

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Common Carrier — Duty Owed to Passengers — Warning Passengers When Not to Alight from Train. A carrier is bound to exercise the highest degree of care that is reasonably practical in safely carrying’ passengers and setting them down safely at their destinations, and where a stop is made at a place where passengers are not to be discharged but where the circumstances are such as to imply an invitation to alight and to lead passengers to believe that the stop is made for that purpose it is ordinarily the duty of the carrier to warn passengers not to alight there.</p> <p>2. Same — Passenger Jumping from Train While in Motion — ■ Contributory Negligence — Question of Fact. Where a train was stopped in front of a depot at a place where passengers usually alight, and a passenger for that station started to leave the train and had descended to’ one of the lower steps of the coach in the attempt when the train began to move slowly, and afterwards while she was throwing off bundles in order to attract the attention of the conductor that she desired to alight, the train was moved with a sudden jerk or lurch which caused her to lose her balance, whereupon she jumped to the platform to save herself from falling, and was injured, it can not be held as a matter of law that her act in jumping from the train was contributory negligence which bars a recovery of damages.</p>