Wagner v. International Railway Company

133 N.E. 437 (1921)

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Nature of the Case

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Facts

P and his cousin Herbert boarded an electric train operated by D. There were doors, but the conductor did not close them. At a point in the line, there was an overhang accentuated even more so at curves. Moving at from six to eight miles an hour, the car, without slackening, turned the curve. There was a violent lurch, and Herbert was thrown out of the train. 'Man overboard' was shouted and the train stopped. Night and darkness had come on. P walked along the trestle, a distance of four hundred and forty-five feet until he arrived at the bridge, where he thought to find his cousin's body. P says that he was asked to go there by the conductor. P claims the conductor followed with a lantern. The conductor denies both statements. Several other persons went beneath the trestle and discovered the body. As they stood there, P's body struck the ground beside them. P had missed his footing and fell. The trial judge held that negligence toward Herbert would not charge D with liability for injuries suffered to P unless P had been invited by the conductor to go upon the bridge and the conductor had followed with a light. The jury found for D and P appealed.