(ii) Southern R. R. Co. v. Kendrick, 40 Miss. 374; Jeffersonville R. R. Co. v. Hendrick, 26 Ind. 228.
(ij) Inchoff v. Chicago R. R. Co. 20 Wis. 344.
Several cases have come before the courts, raising the question, as to the obligation of carriers of passengers in respect to providing for their safety when leaving the cars or boat. In an English case a hulk was hired by a steamer company, to which the steamer came, and in which passengers bought tickets, and from which they went on board the steamer. A passenger fell down a hatchway negligently open in the hulk, and recovered damages. (ik) In three English cases, when the train stopped the last car was beyond the platform. The name of the station was called, and the passenger stepping out fell on the rails and was hurt; and it was held that he could not recover. (il) 1 In a fourth case the train went too far, and the leading car was opposite the parapet of a bridge. Here, too, a passenger stepped on the parapet, which resembled a platform, and was hurt. He recovered damages, on the ground that he was invited to step out at a dangerous place, and the conductor was negligent in not stopping the train earlier. (im) In a case in Indiana, where the train ran by the station, and stopped over a culvert, and the conductor called the name of the station, and a passenger getting out fell into the culvert, the company was held liable. (in)
In this country railroad companies usually check the baggage of passengers, giving a duplicate check to the passengers. The question has arisen how long the passenger may leave a trunk thus checked in the depot, and still hold the company to their liability as carriers. It is impossible to give a precise rule. The passenger is not bound to take his baggage with him at once; but he cannot leave it in the depot a considerable time, for his own convenience, and hold the company liable, except as warehousemen, for negligence. Twenty-four hours have been held too long a delay; and, in another case, not too long. (io)
(ik) John v. Bacon, L. R. 6 C. P. 437. See also Gaynor v. Old Colony, etc. R. R. Co. 100 Mass. 206.
(il) Cockle v. London, etc. R. R. Co. L. R. 5C. P. 457; Bridges v. North London R. R Co. L. R. 5 C. P. 459; Praeger v. Bristol, etc. R. R. Co. L. R. 5 C P. 460, n. 1.
(im) Whittaker v. Manchester, etc. R. R. Co. L. R. 5 C. P. 464, n. 8.
(in) Columbus, etc. R. R. Co. v. Farrell, 31 Ind. 406. See also Delamatyr v. Milwaukee, etc. R. R. Co. 24 Wis. 578, and Dillaye v. N. Y. Central R. R. Co. 42 N. Y. 468.
1 In these cases, on appeal, it was held that the several plaintiffs could recover. Cockle v. London, etc. R. Co. L. R. 7 C. P. 321; Bridges v. North London R. Co. L. R. 7 H. L. 213; Praeger v. Bristol, etc R. Co. 24 L. T. (n. s.) 105. So Hartwig v. Chicago, etc. R. Co. 49 Wis. 353, where the caboose passenger car was stopped beyond a platform and opposite a cattle guard, into which the plaintiff fell on his way to the car. The starting a train suddenly, either backwards or forwards, after stopping at a station, so as to throw a passenger off, is negligence. Milliman v. N. Y. Cent, etc R. Co. 66 N. Y. 642. See Lewis v. London, etc. R. Co. L. R. 9 Q. B. 66; Weller v. London, 4c R. Co. L. R. 9 C. P. 126; Robson v. North Eastern R. Co. 2 Q. B. D. 85.