Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 97 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...He had previously said that "It is a settled principle that if a passenger voluntarily alights from a street car in motion, or when at a place or in a position where passengers are not inteuded or 5.1'/uctcentsvl to get of t/ze car, the passenger so getting off or on the car takes the risk of injury by the sudden starting up of the car, and the employees who Opinion of the Court. ' 97 so start the car are not negligent, if t/zey are zlgnorant t/mt t/ze passenger is so alzlg/zting from or getting on t/ze car. Nic/zols v. /lliddlesex R.' Co., 106 Mass. 463. But it is otherwise if such employees have knowledge, or reasonable ground to suppose that the passenger is in the act of getting ofi' the car at the time of so starting it up." Many authorities might be cited to sustain the law as thus announced. The facts of this case clearly bring it within the above doctrines, as they not only show that the car stopped where the plaintiff might well have assumed it was intended and expected that passengers would get off, but there is ample evidence to show that the conductor knew the plaintiff was in the act of alighting. The prayers marked sixth and sixth and one.half were therefore properly rejected. There is nothing in the cases of Railroad Company v. Wilkins, 3o Md. 224, and Baltimore and Yorktown Road v. Cason, 72 Md. 377, in conflict with this conclusion. The regulations referred to in them were not only found to be reasonable and binding on the plaintiffs, but it was shown that the plaintiffs were injured by reason of the violation of those regulations, and hence they were not entitled to recover. The facts were therefore altogether different from those now before us. From what we have said it is manifest that we think the Cour