Brightman v. Union Street Railway Co.

44 N.E. 1091, 167 Mass. 113, 1896 Mass. LEXIS 36

Opinion

By the Court. The fall of the plaintiff’s intestate was not due to his being allowed to remain on the step of the car. It was caused by his voluntarily jumping off when the car was in motion. It was not a part of the defendant’s duty to prevent a passenger from leaving the car while in motion, still less to prevent a trespasser from doing so.

Exceptions overruled.