Stamey v. Southern Railway Co.

182 S.E. 130, 208 N.C. 668, 1935 N.C. LEXIS 92

• Court: Supreme Court of North Carolina
• Decided: November 1, 1935
• Status: Published

Opinion

Stacy, C. J.

A passenger on a moving train is not justified in jumping therefrom to bis injury by tbe mere fact that be is being carried by or beyond bis station. Carter v. R. R., 165 N. C., 244, 81 S. E., 321. Tbe general rule is, that a passenger who is injured while alighting from a moving train may not recover for such injuries. Burgin v. R. R., 115 N. C., 613, 20 S. E., 413; Browne v. R. R., 108 N. C., 34, 12 S. E., 958.

There are exceptions to this rule, e.g., when invited to do so by tbe carrier’s agent and it is not obviously dangerous; but, according to tbe plaintiff’s own evidence, tbe train bad passed tbe station, without stopping, and was moving “a tiny bit faster” when she and ber companions jumped. Lambeth v. R. R., 66 N. C., 494. This was an act of contributory negligence on ber part which bars recovery. Morrow v. R. R., 134 N. C., 92, 46 S. E., 12; Denny v. R. R., 132 N. C., 340, 43 S. E., 847; Watkins v. R. R., 116 N. C., 961, 21 S. E., 409. Tbe case is unlike Johnson v. R. R., 130 N. C., 488, 41 S. E., 794, and Nance v. R. R., 94 N. C., 619, cited and relied upon by plaintiff.

We have found nothing upon tbe record to take tbe case out of tbe general rule. Tbe plaintiff thought she could alight in safety. She took a chance and lost.

Affirmed.