Cullen

Section 48 of the act of May 20, 1861, providing for the management of the affairs of railroad companies, is as follows: “In case any passenger on any railroad *10 shall be injured on the platform of a car, or on any baggage, wood, gravel, or freight cars, in violation of the printed regulations of the company, posted up at the time in a conspicuous place inside of its passenger cars then in the train, or in violation of verbal instructions given by any officer of the train, such company shall not be liable for injury; provided, said company at the time furnished room inside its passenger cars sufficient for the accommodation of its passengers.”

At the trial the evidence for the defendant tended to show that at the time of the accident complained of the plaintiff had left the rear car, which was admittedly a passenger-car, and had gone into the forward car, next to the engine, and was at the time of the accident in the forward compartment of the forward car, which compartment the defendant at the trial insisted was a baggage-car within the intent of the statute just recited. The evidence for the defendant further tended to show that at the time the plaintiff left the rear car,…