Last updated: 4/13/2015
100.10. Who Is a Passenger-Transfer From One Vehicle to Another at Issue
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Description
100.10 Who Is a Passenger--Transfer From One Vehicle to Another at Issue The duty of the defendant to a passenger to exercise the highest degree of care is suspended from the time the passenger alights at an intermediate point to transfer to another [train, plane, etc.] after the passenger has had a reasonable opportunity to reach a place of reasonable safety, and resumes when the passenger is in the act of boarding another [train, plane, etc.] within the time and place fixed by the transfer, to continue his journey. During the period from the time the plaintiff alighted from the defendant's [train, plane, etc.] and after he had a reasonable opportunity to reach a place of reasonable safety, until the time when he was in the act of boarding another of the defendant's [trains, planes, etc.], the duty the defendant owed to the plaintiff was the same it owed to the general public, that is to exercise ordinary care. A failure of the defendant to fulfill the duty applicable to the facts as you determine them to be in this case is negligence.