Mobile Ohio R. Co. v. Davis

This case was tried on the third count of the complaint and pleas of contributory negligence. That count was based on a breach of duty to plaintiff in starting off the train while he was upon it with notice that he went there with the intent to aid his daughter-in-law and her three children in becoming comfortably seated and to deliver her a ticket and baggage check, and then to leave, and that he did not intend to take passage, and without giving him a reasonable opportunity to alight, and whereby in stepping off the moving train he fell and sustained personal injuries. The theory of the…