41 Wis. 112 | Wis. | 1876
Many of tbe important questions in this case relating to tbe rights of passengers, and tbe duties and obligations of railroad companies in respect to them, we shall not attempt to decide on this appeal, although they were elaborately discussed at tbe bar. Our decision must go upon rather narrow grounds, and rest upon tbe facts of this case. ■ A number of instructions asked on tbe part of tbe defendant, and bearing upon the general questions of tbe rights of passengers and duties of carriers, were given by tbe circuit court. One vital question in tbe ease was, whether, in view of tbe facts disclosed on tbe trial, the relation of passenger and carrier existed at tbe time of the injury. Tbe circuit court charged that, although the plaintiff was on tbe train and suffered tbe injury complained of, yet be could not recover unless ibis relation existed. Further, at tbe request of tbe defendant, tbe court charged in sixbstance, that tbe law was, that a person, by tbe act of getting upon or into a train of cars in which passengers are usually or ordinarily carried, as in a regular passenger car in a passenger train, became entitled to the rights of a passenger, subject to tbe payment of bis fare; and that tbe same rule applied to a person getting into a caboose upon a freight train in wbicb passengers were ordinarily carried. Tbe jury were also told that a person’s getting in a box or freight car adapted to or being used for tbe transportation of freight only, without tbe knowledge or consent of tbe conductor or servants in charge of tbe train, would not have that effect, nor would it make such person a passenger
The jury found that neither the conductor nor any person in charge of the train from Austin to Lyle, before the accident, knew or had reason to believe that the plaintiff was in
By the Oov/rt. — The judgment of the circuit court is reversed, and a new trial ordered.