Norfolk & Atlantic Terminal Co. v. Rotolo

Citations

• 195 F. 231
• 115 C.C.A. 183
• 1912 U.S. App. LEXIS 1366

Syllabus

<p>1. Carriers (§ 345*)—Injuries to Passengers—Evidence—Admissibility.</p> <p>Where, in an action for injuries to a street ear passenger struck by a car while attempting to hoard another car, the evidence was conflicting on the issue as to whether the latter ear stopped at the time and place where the passenger attempted to board it, evidence of the custom of the street railroad company to stop cars at such place to permit passengers to alight from or board cats was relevant to sustain the passenger’s contention, though standing alone, it did not prove that the car stopped at the time of the injury.</p> <p>[Ed. Note.—For other cases, see Carriers, Cent. Dig. § 1400; Dec. Dig. § 345.*)</p> <p>2. Carriers (§ 340*)—Injuries to Passengers—Contributory Negligence— Last Clear Chance.</p> <p>Where a street ear passenger 'negligently placed himself in peril by going on the steps of a car while in motion, and when the gate was closed, it devolved on the street car company under the doctrine of last clear chance, if his dangerous situation was seen, or could by the exercise of reasonable care have been seen, to avoid any injury to him by the use of reasonable care.</p> <p>[Ed. Note.—For other cases, see Carriers, Cent. Dig. § 1354; Dee. Dig. § 340.*]</p> <p>3. Carriers (§ 287*)—Injuries to Passengers—Negligence.</p> <p>Where a person went to the place where street ears were accustomed to stop to take on and discharge passengers, and he undertook to hoard a car that stopped while passengers were admitted from both sides, and he was injured by the negligently running of anothér car on him while on the lower step, the company was negligent.</p> <p>[Ed. Note.—For other cases, see Carriers, Cent. Dig. §§ 1154^-1166; Dec. Dig. § 287.*]</p> <p>4. Trial (§ 143*)—Issues—Weight of Evidence.</p> <p>■Where the testimony is peculiarly contradictory, the jury must determine the facts.</p> <p>[Ed. Note.—For other caáes, see Trial, Cent. Dig. §§ 342, 343; Dec. Dig. § 143.*]</p>