Majority
Headnote
1. Carriers—Setting Down Passengers—Violation of Statute—Negli-The defendant is a common carrier of passengers, and, although it does not insure the safety of persons who ride upon its trains, yet its undertaking and liability are such as to require it to exercise the most exact care and diligence, not only in the management of its trains and cars, but also in the structure and care of its track, and in all the subsidiary arrangements necessary to the safety of its passengers. Story, Bailm. § 601. Moreover, it is under a statutory obligation to furnish adequate facilities at the usual stopping-places of its trains for the accommodation of persons getting on or
This case consequently resolves itself into the simple question of whether or not the defendant’s negligence can be said to have been the proximate cause of the injury of which the plaintiff complains, and it is to be examined upon this review solely with reference to a correct determination of that question. At the outset, then, it may be asserted without the least fear of contradiction that in all probability the accident would not have occurred if the defendant had not violated its statutory duty,—that is, if it had deposited the plaintiff at the station at which she was entitled to be deposited; for at.that station, it is fair to assume, suitable accommodations existed for the care and convenience of passengers who had occasion to alight from the defendant’s cars. But this circumstance of itself does not necessarily connect the plaintiff’s injury with the defendant’s negligence; fór, although she was carried beyond her destination, she might still have been furnished a safe exit from the train, and thus enabled to reach her home, which it appears was in that vicinity, without suffering any more serious results than the personal inconvenience which would be occasioned by being obliged to walk back to the station; and in these circumstances she would perhaps be remitted to her right to recover such damages as she had sustained in consequence of the defendant’s breach of contract. To proceed, then, a step further in the case, we conclude that inasmuch as the defendant had’ sold this plaintiff a ticket to Red Creek, which its conductor had1, taken up under the implied agreement to stop his train at that station, the duty rested upon him, when apprised of the fact that he had; carried the plaintiff past her destination, to either back the train np to the depot, or else stop it at some point where the plaintiff eouldi alight without exposure to unnecessary hazard. I>id he do this? He certainly did not cause the train to return to the station, but, instead thereof, he stopped it upon an embankment, which, if the plaintiff’s evidence is to be believed, was steep and slippery, and them permitted her to alight with but little or no assistance from any of the defendant’s employés. These facts, uncontradicted and unex
Exceptions sustained, and a new trial ordered1, with costs to abide the event. All concur.
Cases cited
- Cordell v. New York Central & Hudson River Railroad 64 N. Y. 535 p. 309
- Gorton v. Erie Railway Co. 45 N. Y. 660 p. 309
- Hulbert v. New York Central Railroad 40 N. Y. 145 p. 310
- Brassell v. New York Central & Hudson River Railroad 84 N. Y. 241 p. 310
- Armstrong v. New York Central & Hudson River Railroad 66 Barb. 437 p. 310
- Lewis v. President of the Delaware & Hudson Canal Co. 145 N. Y. 508 p. 310