A Treatise On the Law of Railroads; Containing a Consideration of the Organization, Status And Powers of Railroad Corporations, And of the Rights And Liabilities Incident to the Location, Construction And Operation of Railroads And Also the Duties, Rights

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E. Co., (Mo.) 37 S. W. E. 119.
* Citizens' St. E. Co. v. Twiname, 111 Ind. 587, s. c. 13 N. E. E. 55; Louisville, etc., E. Co. v. Orr, 84 Ind.
50.
5 Horton v. Horton, 83 Hun 213, s.
c. 31 N. Y. Supp. 588; Johnson v.
Kerr, 1 Serg. & E. (Pa.) 25 ; Corbett V. Lucas, 4 McCord 323.
* Whitehead v. St. Louis, etc., E.
Co., 99 Mo. 263, s. c. 11 S. W. E. 751; Hicks V. Hannibal, etc., E. Co., 68 Mo. 329.
2704 CARRIERS.
§1696 sengers are not insurers, like common carriers of goods, the plaintiff must show
... some negligence, or willfulness in a proper case, on the part of the carrier or its employes, which proxi- mately caused his injury;' but, as we have elsewhere shown, a presumption of negligence on its part frequently arises against it in favor of a passenger sufficient to make a prima facie case so far as the negligence of the defendant is concerned, upon proof of the happening of an accident (so-called) under cer- tain circumstances, and, owing to the high duty which a car- rier owes to its passengers, slight evidence of negligence may often be sufficient.

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