Chicago & Western Indiana Railroad v. Newell

The common carrier knew the crowded condition of this train before it left the station. Its managing servants were well aware that all the seats in the cars were filled and that many passengers were standing in the aisles and upon the platforms, and that others had crowded into the baggage car. Notwithstanding this, they started the train upon its journey. Under these circumstances it became and was the duty of the carrier to exercise additional care commensurate with the perils and dangers in which the passengers were placed by reason of the overcrowded condition of the cars. The carrier…