163 Mass. 245 | Mass. | 1895
The train by the starting of which the plaintiff Was hurt was not accustomed to stop at that station for the purpose of receiving passengers, but only for the purpose of leaving
Hot being a passenger, the defendant owed to him no duty which it failed to perform. The instructions to the jury were carefully and accurately expressed, and were sufficient.
Exceptions overruled.
The judge instructed the jury that the defendant was under no obligation to hold the train at this station for an instant after such passengers as desired to do so had left it; and further instructed them as follows: “Assuming that you find that there was no contributory negligence on the part of the plaintiff, to maintain this action the plaintiff must prove that the conductor when he gave the signal to start either knew, or would have known had he and the other trainmen used due care, and had the defendant used due care in lighting its premises and providing a suitable number of trainmen, that the plaintiff was then either getting upon the train or that he intended to get upon it, and was approaching it for that purpose, and was so near to it that there was reason to apprehend that, while he was in the act