Chunn v. City & Suburban Railway of Washington, 207 U.S. 302 (1907)

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Chunn v. City and Suburban Railway of Washington

No. 43

Argued November 8, 1907
Decided December 2, 1907
207 U.S. 302

ERROR TO THE COURT OF APPEALS

OF THE DISTRICT OF COLUMBIA

Syllabus

An intending passenger coming to a place where passengers habitually board the cars of a trolley company, and which, in itself, is safe unless made otherwise by the manner in which the cars are operated, is not a trespasser nor a mere traveler upon the highway, but one to whom the company owes an affirmative duty, and it is for the jury to determine whether the car injuring such person was operated with the vigilance required by the circumstances.

Where a trolley car platform is so narrow that its width cannot fairly be considered without taking into consideration the danger on both side of it, one taking a car on one side of it has a right to assume that he will not be put in peril by a car running rapidly in the opposite direction, and he cannot, as a matter of law, be held guilty of contributory negligence in taking the car at that place. That issue is for the jury.

Even if the plaintiff carelessly places himself in a position of danger, if the defendant discovers the danger in time to avoid the injury by using reasonable care, the failure so to do, and not the plaintiff’s carelessness, may be the sole cause of the resulting injury.

The facts are stated in the opinion.