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Criminal Law Keyed to Dressler
Wagner v. International Ry. Co
Facts
Plaintiff and his cousin boarded a car at a station. The conductor did not close the doors of the car. The train turned a curve at six to eight miles per hour when a violent lurch threw Plaintiff’s cousin out of the car, near the point where a trestle changed to a bridge. “Man overboard” was cried out, and the car stopped near the foot of an incline. Plaintiff got out and walked 445 feet until he arrived at the bridge where he thought to find his cousin’s body. Plaintiff claimed that he was asked to go there by the conductor. He claimed also that the conductor followed with a lantern. Plaintiff lost his footing in the dark, fell from the structure, and was injured. Plaintiff sued Defendant. The judge instructed the jury that Defendant would not be liable for Plaintiff’s injuries, unless Plaintiff had been invited by the conductor to go upon the bridge and the conductor had followed with a light. The jury found for Defendant. Plaintiff appealed.
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