Staines v. Central Railroad
Supreme Court of New Jersey
On error to the Union Circuit. The plaintiff, a passenger of the defendant company, was injured by jumping from a train at Elizabethport. The train was at a standstill; the plaintiff was in the act of alighting, and had gone down two steps, when some one in uniform who was walking up and down with a lantern in his hand (the plaintiff sa3rs it was the conductor) told her to hurry, and said that the train was in motion, and to jump down.
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On error to the Union Circuit. The plaintiff, a passenger of the defendant company, was injured by jumping from a train at Elizabethport. The train was at a standstill; the plaintiff was in the act of alighting, and had gone down two steps, when some one in uniform who was walking up and down with a lantern in his hand (the plaintiff sa3rs it was the conductor) told her to hurry, and said that the train was in motion, and to jump down. She says she got excited, thought the train was in motion, that she would be killed, and jumped to save herself. It was dark — after six o’clock in the…
1Opinion of the Court
*269The opinion of the court was delivered by
Swayze, J.
Since passengers are themselves required to exercise judgment in alighting, it can hardly be questioned that the servants of the railroad company must refrain from conduct calculated to deprive them of their judgment and self-control. It would involve a manifest inconsistency to hold passengers liable for the exercise of care and to hold the carrier excusable for acts of its servants likely to prevent the exercise of that care. The defendant does not question the liability of the carrier for such acts of its servants, but argues that a false…
2Cases cited4 opinions
- Mugford v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1899
- Ansteth v. Buffalo Railway Co.New York Court of Appeals · 1895
- Newark & South Orange Railroad v. McCannSupreme Court of New Jersey · 1896
- Riley v. Camden & Trenton Railway Co.Supreme Court of New Jersey · 1904
3Cited by1 opinion
- MARTIN v. HUDSON FARM CLUB, INC.District Court, D. New Jersey · 2022