WAGNER V. INTERNATIONAL RY. Co.
232 N.Y. 176, 133 N.E. 437 (1921).
NATURE OF THE CASE: Wagner (P) appealed judgment of the Appellate Division, overruling
P's exceptions, denying a motion for a new trial, and directing judgment for International
(D), in P's action for personal injuries arising out of D's negligence toward third-party.
FACTS: Wagner (P) and his cousin boarded a car at a station near the bottom of the
trestles of the International Railway (D) who ran an electric railway between Buffalo and
Niagara Falls. The conductor did not close the doors of the car because of the crowding. The
train turned a curve at six to eight miles per hour when a violent lurch threw P's cousin
out of the car where a trestle changes to a bridge. Man overboard was communicated and the
car stopped near the foot of an incline. P got out to go get his cousin and walked 445 feet
to where his cousin had been thrown. P lost his footing in the dark, fell from the
structure, and was injured. P sued D. The judge instructed the jury that D would not be
liable for P's injuries unless P had been invited by the conductor to go upon the bridge and
that the conductor had followed with a light. The jury found for D. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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