McMichael v. Illinois Cent. R.

Citations

• 110 La. 18
• 34 So. 110
• 1903 La. LEXIS 592

Syllabus

<p>CARRIERS — INJURY TO PASSENGER — EVIDENCE —CONTRIBUTORY NEGLIGENCE.</p> <p>1. Plaintiff sued for damages caused by her falling from the upper steps of one of defendant’s trains while she was alighting, in the nighttime, from the train.</p> <p>The preponderance of the testimony shows that the car was in motion. She was warned not to alight, and still persisted, although she was told of the danger.</p> <p>It is evident that she was nervous at the time, and acted with impulsiveness; and the court, with the facts shown, did not find it possible to allow damages.</p> <p>2. A lady passenger takes risks who attempts to alight in the nighttime, with a parcel in her hand, when the car is in motion.</p> <p>3. Physical facts of the nature of those pleaded by plaintiff, shown in part by testimony, will not, under the rules of evidence, outweigh the testimony of a number of witnesses to tire contrary of. the theory based upon these physical facts.</p> <p>(Syllabus by the Court.)</p>