William R. Day

“ Mayer was guilty of contributory negligence in attempting to alight from the car under the circumstances shown, and that, to render a verdict for the plaintiff, the jury must find from the evidence that the railway company had not used ordinary care in providing lights, and that the plaintiff, in attempting to descend from the car, had used ordinary care under the circumstances, and that her injury was solely due to the want of ordinary care upon the railway company's part in failing to provide proper lights. ”

“ The station at Marshall has three railway tracks adjoining it. The first track, nearest to the depot, was unoccupied. Upon the second a train was standing, bound for the west, the opposite direction to which Mrs. Mayer expected to travel. The train for New Orleans was standing upon the third track, headed toward the east, consisting of an express car, smoker, chair car, and sleeper. After purchasing her ticket, Mrs. Mayer and her companion proceeded toward the eastbound train on the third track, passing around the train standing nearer the station. ”

“ Milwaukee & St. P. R. Co. v. Kellogg, 94 U.S. 469, 475, 24 L. ed. 256, 259. The doctrine finds apt illustration in the case of Atchison, T. & S. F. R. Co. v. Calhoun, 213 U.S. 1, 53 L. ed. 671, 29 Sup. ”