Hopkins v. West Jersey & Seashore Railroad
Hopkins v. West Jersey & Seashore Railroad
Opinion of the Court
Opinion by
The accident out of which this case arises occurred in that part of a ferryboat specially designed and appointed for the accommodation of horses and wagons in transport. It is located between the passenger apartments at either side of the boat, and is here called the horse or wagon gangway. The plaintiff entered the boat directly upon this gangway. Instead of going into one of the passenger apartments which were open to him as soon as he had boarded the boat, he attempted to reach the front of the boat by passing between the teams which were standing in the gangway. When he had reached about the middle of the boat he encountered a coal cart which had been discharging coal into a hole immediately in rear of the engine house. He passed to the right of the cart, and because of other obstructions in his way he concluded to return to the point where he boarded the boat and there enter the left-hand passenger apartment. He pursued his way to the rear of the cart with a view of passing across to the left side of the boat through the narrow place between the cart and the engine room. While attempting this the driver of the cart started toward the shore, leaving the coal hole exposed, and into this the plaintiff fell and was injured. The court below directed a nonsuit on the ground of plaintiff’s contributory negligence. In this we see no error. However the defendant company may have tolerated the use of this gangway by passengers impatient to reach the front of the boat, it is so manifest to ordinary observation that such gangway is intended for a use which makes it dangerous for passengers, that, except as safe and suitable accommodations for passengers are shown to have been lacking, the passenger who voluntarily takes his
Judgment affirmed.
Reference
- Full Case Name
- Hopkins v. West Jersey & Seashore Railroad Company
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- Negligence — Carriers — Ferryboat — Contributory negligence — Non-suit — Passengers. 1. Where a passenger in going upon a ferryboat in the daytime enters immediately upon the gangway intended for wagons, and instead of then going into one of the apartments on either side intended for passengers, pursues his way over the gangway and in his hurry falls into an open coal hole, which he could have seen if he had looked, he is guilty of contributory negligence, and cannot recover damages from the ferry company. 2. Unless a passenger shows some valid reason to excuse, he is bound to put himself in the appointed place for passengers, and if he does not he takes the risk of his location elsewhere.