Page:Federal Reporter, 1st Series, Volume 10.djvu/28

 16 FBDEBAL EEPOKTER. �it is expected to stop, as the train slows up and immediately before it actually stops, are in the habit of going out on the platform of the car, and often, as was the fact in this case, leaving the steps of the car. Admitting that there was a sudden jerk of the car, with more or less violence, was there such negligence on the part of the peti- titioner as to relieve the receiver from all liability in the case '? We need make no controversy as to the position of the receiver, or of his liability as such, and may assume, as to the rights of the petitioner, that he stands in the place of the Company. We think it must be stated, as a sound proposition in law, that wherever passengers under- take to leave a train under such circumstances as these, before it bas actually stopped, they take the risk upon themselves. If they choose to act in accordanee with the promptings caused by their own impa- tience, and to leave the train before it can be done with safety, the risk is theirs. In this case, in addition to the statement that has been made of the actual condition of the petitioner at the time, there is reason to believe that his attention was withdrawn from what he was about to do by conversation with another person, who was then or had just been talking to him. �It has been decided by the supreme court of this state that a pas- senger has no right to attempt to alight from a train of cars when in motion; and if he undertakes to do so, without the knowledge or direction of any employe of the company, it is at his peril. 0. e M. R. Co. v. Stratton, 78 111. 88 ; El. Cent. R. Co. v. Slation, 54 111. 133 ; CM. e Alton R. Co. v. Randolph, 53 111. 510; Chi. e N. W. R. Co. v. Scates, 90 111. 586. �It would seem to follow, from the proposition just stated, that a railroad passenger cannot recover for any injury caused as this one was, although it may have been occasioned by the combined act of himself in thus attempting to alight from the train, and the jerk of the car. It was his duty not to expose himself to such a contingency, and to remain in the car before thus subjecting himself to danger ; and it also follows that those who have the management of a train are not bound to assume that the passengers will attempt to alight from a car until it has actually stopped. ��� �