100.03. Duty of Carrier to Protect Passengers From Other Passengers

100.03 Duty of Carrier to Protect Passengers From Other Passengers It was the duty of the defendant to exercise the highest degree of care consistent with the type of vehicle used and the practical operation of its business as a common carrier by rail, air, etc. to protect its passengers while they were on its train, plane, etc., or while boarding or alighting therefrom, from [assault,] [injury,] [and] [abuse] from fellow passengers, of which it knew, or should have anticipated, from facts and circumstances known to it. The failure of the defendant to fulfill this duty is negligence. [This obligation cannot be delegated to another. It is therefore not a defense for the defendant that another person, including [_______________ i.e., police department], failed to protect the defendant's passengers while they were on the defendant's train, plane, etc. from assault, injury and abuse from fellow passengers, of which the defendant knew, or should have anticipated from facts and circumstances known to it. Now, when I use the term "cannot be delegated" in these instructions, I mean that the duty must be performed by the defendant and cannot be left to some other person.]