Hanson v. Chicago, Rock Island & Pacific Railway Co.

The opinion of the court was delivered by

Benson, J.:

This appeal is from a judgment award-.ing damages for alleged negligence of the defendant in permitting, advising and directing a drowsy passenger to alight from a rapidly moving train in the nighttime,, at a - place where there was no platform or light,, whereby the passenger was killed.

The deceased, who was thirty-six years of age, took passage at Bison, Okla., about 5 o’clock p. M., holding-a ticket to Lost Springs, Kan., where the train arrived at about one o’clock A. M. It was the custom on the de*554.fendant’s trains over this route to…