151 Mass. 462 | Mass. | 1890
It was admitted that the collision between the train on which the plaintiff was a passenger and another train coming in the opposite direction occurred through the negli
It is the contention of the defendant, that the action of the plaintiff in going into the baggage compartment showed a lack of due care on his part which should prevent him from maintaining this action, that he was wrongfully there without any justifying emergency, and thus that he assumed all the risks incident thereto. Bates v. Old Colony Railroad, 147 Mass. 255, 265. The plaintiff did not go into the baggage compartment for the purpose of being there transported, but in order to do something to save himself if a collision occurred. He was accustomed to the management of railroads, had often worked upon them, and might expect that he could, with a reasonable chance of safety, leap from the train when collision was imminent. The defendant urges that, as by his own admissions it appears that the plaintiff knew that the place he assumed was more dangerous than the place he left, and that the rear car was the safest place in the train, these facts are conclusive that the plaintiff was negligent in going there. No such con
The prudence of the plaintiff’s conduct is not necessarily to be tested by the results of the accident to others in a different position. Even if it were, as the exceptions show that serious injury did result to those who were sitting or moving in those parts of the train appropriated to passengers, it is entirely possible that the plaintiff would have sustained more serious injury if he had remained in his seat, or had attempted to reach the end of the rear car, than he did by his action. The question whether the plaintiff acted with due and reasonable care, under all the circumstances, was one peculiarly for the jury, and was submitted to them under proper instructions.
Exceptions overruled.