Wagner v. International Ry. Co.,

232 N.Y. 176, 133 N.E. 437 (1921)

Facts

Wagner (P) and his cousin boarded a car at a station near the bottom of the trestles of the International Railway (D) who ran an electric railway between Buffalo and Niagara Falls. The conductor did not close the doors of the car because of the crowding. The train turned a curve at six to eight miles per hour when a violent lurch threw P's cousin out of the car where a trestle changes to a bridge. Man overboard was communicated, and the car stopped near the foot of an incline. P got out to get his cousin and walked 445 feet to where his cousin had been thrown. P lost his footing in the dark, fell from the structure, and was injured. P sued D. The judge instructed the jury that D would not be liable for P's injuries unless P had been invited by the conductor to go upon the bridge and that the conductor had followed with a light. The jury found for D. P appealed.