Smith v. Chicago & North Western Railway Co.

On May 17, 1943, plaintiff was a passenger on defendant’s train from Chicago to Milwaukee. In alighting from the train at its Milwaukee station, she fell from the steps and was injured. It is alleged that defendant’s conductor in charge of said train failed in his duty to plaintiff as a passenger and was negligent in that he: (a) Failed to have a stool or other contrivance at the foot of the steps to enable the plaintiff to dismount in safety; and (b) neglected to assist plaintiff in dismounting after he had proffered his help. During the course of the trial plaintiff’s counsel withdrew the…