Murray v. Southern Pac. Co.

Citations

• 225 F. 297
• 1915 U.S. Dist. LEXIS 1255

Syllabus

<p>1, Garetees c=:>03—-Injuries to Passengers—Negligence.</p> <p>A brakoiium, when informed that a passenger desired to alight at a station and go io a hotel there, informed Mm that the station, was on one side of tlie track and the hotel on the other, and that when the train reached there he would show the passenger where to get off. The brakeman, on the train reaching the station, at or about the time he opened the door leading down to the steps of the car, said to the passenger, “There is your hotel.” The passenger alighted while the train was in motion, and was injured. Held, that the earner was not guilty of any negligence, for the conduct of the brakeman was not an invitation or instruction to the passenger to alight, nor an inducement to the passenger to get into a place of danger causing him to fall from the car.</p> <p>FEd. Note.—For other cases, see Carriers, Cent. Dig. §§ 1216, 1218, 1224, 1226-1282, 1231-1240, 1248; Dec. Dig. «=>303.1</p> <p>Gz&For oilier cases see same topic <& KEY-NUM13E>i in all Key-Numbered Digests & Indexes</p> <p>2. Carriers <®==>333—Passengers—Contributory Negligence.</p> <p>A passenger, who alighted on a dark night from a train moving at considerable speed, and who was unfamiliar with the condition of the ground, and who was incumbered with a grip in one hand, was guilty as a matter of law of contributory negligence, precluding a recovery for injuries sustained.</p> <p>TEd. Note.—For other cases, see Carriers, Cent. Dig. §§ 1385, 1386, 13S8-1397; Dec. Dig. ®=333.]</p> <p><§=>For other eases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>