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Civil Procedure Keyed to Crump
Meagher v. Long Island R.R. Co.
Facts
The plaintiff’s husband died after attempting to exit a train at a stop which was not on the schedule for the train to be stopped at. The plaintiff sued for negligence and the defendant argued contributory negligence under the relevant railroad laws that stated that the defendant could not be liable for an injury to an unauthorized passenger leaving the train. The defendant requested the judge to instruct the jury that if the plaintiff’s injuries were not caused by the train then they could not be held liable. However, the court instructed the jury that the plaintiff was only contributorily negligent if they left the train going faster than 2 miles per hour. The judge further stated that if the plaintiff had gotten on and attempted to get off the train, then the relevant railroad laws argued by the defendant did not apply. The defendants objected to the jury instruction as deliberations began. The judge then reread the jury instructions and the defendants did not object again.
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