United States Supreme Court Cases & Opinions

U.S. Supreme Court

Texas & Pacific Ry. Co. v. Stewart, 228 U.S. 357 (1913)

Texas & Pacific Railway Company v. Stewart

No. 205

Submitted March 20, 1913

Decided April 21, 1913

228 U.S. 357

Syllabus

A charge that a railway is bound to use ordinary care to light its stations and approaches for the reasonable accommodation of passengers is not erroneous to the prejudice of the railway company.

The obligation of a carrier to use due care obtains not only during carriage of passengers, but while they sustain that relation and are performing acts fairly attributable thereto.

Such obligation obtains where, as in this case, the passenger left the car of a train before it had started and after considerable delay, to ascertain whether it was the right train, no one apparently being in charge who could give the information.

Such an act on the part of a passenger is not an independent cause which relieves the carrier as being a new and proximate cause of the accident. Atchison, Topeka & Santa Fe Ry. v. Calhoun, 213 U. S. 1, distinguished.

183 F.5d 5 affirmed.

The facts, which involve the liability of a common carrier for injuries sustained by a passenger, are stated in the opinion.

Page 228 U. S. 359