Ashtabula Rapid Transit Co. v. Holmes
Ashtabula Rapid Transit Co. v. Holmes
Opinion of the Court
The evidence in this case is conflicting upon the point whether the car merely slowed up sufficiently to allow a man to get on, or whether it actually stopped for that purpose. There is also conflict as to whether or not the conductor had notice of the plaintiff’s intention to get off, and whether the plaintiff attempted to get off while the car was moving. If tbe car had come to a full stop for any purpose, and any passenger was in the act of alighting, it would be negligence for the conductor to start the car before such passenger had a reasonable opportunity to get off safely. If the car did not stop, but only slacked speed for the purpose of letting a man get on, the conductor was not bound to “see and ascertain” whether any person might be getting off while the car was in motion. In the absence of notice of a passenger’s desire to alight at that point, the conductor might well presume that persons on the car would not attempt to get off from a moving car, and where in such case a passenger is injured in such attempt it is for the jury to find whether the injured person exercised ordinary care and prudence in attempting
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.