Kettell v. Erie Railroad

Headnote

Kettell v. Erie R. R. Co., 176 App. Div. 430 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 6, 1917, affirming a judgment in favor of

defendant entered upon a verdict directed by the court in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. Plaintiff was a passenger on one of defendant’s trains in the state of New Jersey. As the train approached, the station at Rutherford its speed was reduced and one of the trainmen announced the station in the car in which the plaintiff was sitting. The plaintiff arose from his seat and walked toward the rear door and stepped outside upon the platform of the car, taking hold of the car rail with his right hand. He testified that he had a large bundle in his left hand and a small bundle under his right arm. As he was about to step down, and while the train was still moving, it gave a jerk, and the plaintiff fell down the steps of the car and received the injuries complained of. It was shown that a statute of New Jersey provided that a railroad would not be hable for injury to passengers who went upon the platform of cars in violation of posted regulations of the company. It also appeared that the defendant has posted notices forbidding passengers going on the platforms of cars while the train was in motion.