 States, as claimed by the learned counsel for the respondent, that the boarding or alighting from a moving train is presumably and generally a negligent act per se, and that, in order to rebut this presumption and justify a recovery for an injury sustained...  Michigan Reports: Cases Decided in the Supreme Court of Michigan - Page 284by Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, James M. Reasoner, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, Richard W. Cooper - 1917Full view - About this book
 | New Jersey. Supreme Court - Law reports, digests, etc - 1920 - 584 pages
...and in order to rebut this presumption and justify a recovery for an injury sustained in getting iin or off a moving train it must appear that the passenger...confidence that the attempt could be made in safety. Zelman'v. Penna. R. R. Co., 57 2. A passenger upon a railroad, operated pursuant to the General Railroad... | |
 | Law - 1887 - 956 pages
...it must appear the passenger was, by the act of the defendant, put to an election between alternate dangers, or that something was done or said, or that...confidence that the attempt could be made in safety. Mclniyre's Case, 37 XT 287, and Filer's Case, 49 NY 47, were cases of injury sustained by passengers,... | |
 | Law reports, digests, etc - 1920 - 924 pages
...boarding or alighting from a moving railroad train is presumably and generally a negligent act per se, and in order to rebut this presumption and justify a recovery...confidence that the attempt could be made in safety. 2. CARBIEBS <©=>333(5) — STEPPING OFF MOVING TBAIN — CONTBIBUTOBY NEGLIGENCE — RECOVEBY. A passenger... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1887 - 1004 pages
...guilty of contributory negligence, and a nonsuit was properly directed. The court, by ANDREWS, J., said: "It is, we think, the general rule of law, established...divert his attention from the danger and create a con6dence that the attempt could be made in safety. Mclntyrc's case, 37 NY 287, and Filer's case, 49... | |
 | Law reports, digests, etc - 1887 - 972 pages
...this presumption and justify a recovery for an injury sustained in getting on or off a moving tram, it must appear that the passenger was by the act of...confidence that the attempt could be made in safety. Mclntyre's case, 37 NY 287 ; and Filer's case, 49 id. 47, were cases of injury sustained by passengers,... | |
 | Law reports, digests, etc - 1888 - 972 pages
...must appear that the passenger was, by the act of the defendant, put to an election between alternate dangers, or that something was done or said, or that...confidence" that the attempt could be made in safety. Solomon v. Railway Co., supra.; Rallway Co. v. Ware, (Ky.) 1 SW Rep. 493. Plaintiff, an infant 10 years... | |
 | Thomas Gaskell Shearman, Amasa Angell Redfield - Negligence - 1888 - 720 pages
...boarding or alighting from a moving train is presumably and generally a negligent act, per se, and in order to rebut this presumption, and justify a...confidence that the attempt could be made in safety " (per Andrews, J., in Solomon v. Manhattan R. Co., 103 NY 437). s. P. Card v. Manhattan R. Co. .103... | |
 | Law reports, digests, etc - 1890 - 950 pages
...passenger to a sudden election between alternative danger or inconvenience, or create some situation "which interfered, to some extent, with his free agency,...confidence that the attempt could be made in safety." This principle has been frequently maintained and upheld by different courts, and notably in the following,... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1890 - 766 pages
...passenger to a sudden election between alternative danger or inconvenience, or create some situation " which interfered, to some extent, with his free agency,...confidence that the attempt could be made in safety." This principle has been frequently maintained and upheld by different courts, and notably in the following,... | |
 | Louisiana. Supreme Court - Law reports, digests, etc - 1890 - 1316 pages
...passenger to a sudden election between alternate danger, or inconvenience, or create some situation which interfered, to some extent, with his free agency,...confidence that the attempt could be made in safety. 5. It is the duty of the passenger to exercise his own judgment, and, if the danger was so great that... | |
| |
