Wagner v. International Ry.

Facts

Plaintiff and his cousin Herbert boarded a train car at a station near the bottom of a trestle. Many other passengers were entering at the same time and blocked admission to the aisle of the train car. The platform had several doors, but the conductor failed to close them. The train took a curve without slowing down and threw Herbert out of the car where the trestle becomes a bridge. The cry of “man overboard” was raised, and the car went across the bridge, stopping near the foot of the incline. Darkness had fallen, but plaintiff exited the train and walked the trestle, looking for his cousin’s body. Plaintiff claims that the conductor instructed him to do so and even followed him with a lantern (the conductor denies both of these statements). Other passengers, assisting in the search, went under the trestle, where they found Herbert’s body. Above them, plaintiff found Herbert’s hat on a beam, lost his footing, and fell to the ground below.