Response or Comment
The case of O'Callaghan v. Dellwood Park Co., - Ill. -, 89 N. E. 1005. decided by the supreme court of Illinois, October 26, 1909, is of interest because of the holding of owners and operators of scenic railways to the same high degree of care required of railroads and common carriers of passengers in general. The action was in case for the recovery of damages for injuries suffered by the plaintiff by reason of having been thrown out of a car on defendant's scenic railway. The plaintiff had paid the usual charge for the ride and was, at the time of the accident, a passenger on the car. The trial court charged the jury, in substance, that it was the duty of the defendant in operating the railway to exercise the highest degree of care and caution for the safety of its passengers and to do all that human foresight and vigilance could reasonably do, consistent with the mode of conveyance and the practical operation of the railway, to prevent accidents to passengers while riding on its cars. On appeal the instructions were approved.
Aigler, Ralph W. "The Degree of Care Required in the Operation of a Scenic Railway." Mich. L. Rev. 8 (1910): 405-7.