Lafflin v. Buffalo & S. W. R. Co. 106 N. Y. 136 (60 Am. Rep. 433, 12 N. E. 599); Waterbury v. Chicago, M. & St. P. R. Co. 104 Iowa, 32 (73 N. W. 341); Forsyth v. Boston & A. R. Co. 103 Mass. 510; Bradley v. Grand Trunk R. Co. 107 Mich. 243 (65 N. W. 102); Bedell v. Berkey, 76 Mich. 435 (15 Am. St. Rep. 370, 43 N. W. 308); Graham v. Pennsylvania Co. 139 Pa. 149 (12 L. R. A. 293, 21 Atl. 151); International & G: N. R. Co. v. Folliard, 66 Tex. 603 (59 Am. Rep. 632, 1 S. W. 624); Gulf, C. & S. F. R. Co. v. Hodges (Tex. Civ. App.), 24 S. W. 563; Gunderman v. Missouri, K. & T. Ry. Co. 58 Mo. App. 370; Bennett v. New York, N. H. & H. R. Co. 57 Conn. 422 (18 Atl. 668); Toomey v. London B. & S. C. R. Co. 3 C. B. N. S. 146; Reed v. Axtell, 84 Va. 231 (4 S. E. 587); Pollich v. Sellers, 42 La. Ann. 623 (7 So. 786); Little Rock & Ft. S. R. Co. v. Cavenesse, 48 Ark. 106 (2 S. W. 505); Beach, Contrib. Neg. (2 ed.), § 37.

For respondent there was an oral argument by Mr. Alfred Silas Bennett, with a brief over the name of Bennett & Sinnot, to this effect.

1. A common carrier is bound to use at least ordinary care in making its depots and platforms safe for passengers arriving at or about to depart from its stations: Skottowe v. Oregon Short Line R. Co. 22 Or. 430, 443 (16 L. R. A. 593, 10 Am. Neg. Cas. 44, 30 Pac. 222); Bueneman v. Railroad Co. 32 Minn. 390 (20 N. W. 379); Louisville, N. A. & C. Ry. Co. v. Lucas, 119 Ind. 583 (6 L. R. A. 193, 21 N. E. 968); Moses v. Railway Co. 39 La. Ann. 649 (4 Am. St. Rep. 231); Patterson, Railway Law, §§ 251 and 255; 3 Thompson, Negligence (2 ed.), § 3060; Hutchinson, Carriers, 417, 418; Wallace v. Wilmington & D. R. Co. 8 Houst. 529 (18 Atl. 818); Seymour v. Railroad Co. 3 Biss. 43.

2. A passenger is not compelled to remain in the coaches or even waiting rooms of a railroad company at stations along his journey, or at the depot of connecting lines. He has a right, on the contrary, to leave the car when it is stopped at a station or a waiting room, for the purpose of taking exercise, talking with his friends, attending to business, or any other proper purpose,

and in so doing he does not lose his character of passenger, or waive the exercise of ordinary care on the part of the railroad company in the matter of its stations and approaches: Dice v. Willamette Transp. Co. 8 Or. 60 (34 Am. Rep. 57, 6 Am. Neg. Cas. 202); Hrebik v. Carr, 29 Fed. 298; Alabama G. S. Ry. Co. v. Coggins, 88 Fed. 458 (32 C. C. A. 1); Riley v. Railway Co. 39 Ind. 568; Louisville, N. A. & C. Ry. Co. v. Lucas, 119 Ind. 583 (6 L. R. A. 193, 21 N. E. 968); Louisville, N. A. & C. Ry. Co. v. Tredway, 143 Ind. 475 (40 N. E. 807, 41 N. E. 794); Knight v. Railway Co. 56 Me. 234 (96 Am. Dec. 449); Keefe v. Railway Co. 142 Mass. 251; Dodge v. Railway Co. 148 Mass. 207 (19 N. E. 373); Chicago, etc., Ry. Co. v. Woolbridge, 32 Ill. App. 237; Keokuk Co. v. True, 82 Ill. 608; St. Louis & S. F. Ry. Co. v. Coulson, 8 Kan. App. 4 (54 Pac. 2); Alabama G. S. Ry. Co. v. Arnold, 84 Ala. 159 (4 So. 359, 5 Am. St. Rep. 354); White v. Railway Co. 89 Ky. 47 (12 S. W. 936); Lemery v. Great Northern Ry. Co. 83 Minn. 47 (85 N. W. 908); 1 Fetter, Carriers, § 234.

3. It is the duty of a railroad company and of two connecting companies jointly using a depot, to keep it safely lighted, as well as in a safe condition, for a reasonable time before and after the arrival and departure of its trains: Wallace v. Wilmington & D. R. Co. 8 Houst. 529 (18 Atl. 818); Bueneman v. Railroad Co. 32 Minn. 390 (20 N. W. 379); Louisville, N. A. & C. Ry. Co. v. Lucas, 119 Ind. 583 (21 N. E. 968, 6 L. R. A. 193). 4. What is a reasonable time in such a case is usually a question of fact for the jury and depends largely upon circumstances which surround the case: 3 Thompson, Negligence (2 ed.), 2686, and authorities cited.

5. The court could not say as a matter of law that three hours was an unreasonable time for a passenger to remain at a station in the nighttime, when he came into a joint depot on one train and had made arrangements with both companies to go out at the end of that time on the other: St. Louis S. W. Ry. Co. v. Griffith, 12 Tex. Civ. App. 631 (35 S. W. 741); Holcomb v. Railway Co. 31 Am. & Eng. R. R. Cas. (N. S.) 482.

6. Whether a passenger at such a depot, or at any depot, had used ordinary care in walking carefully across the plat

form, in the dark on a close, warm night, where he had been riding in a close, uncomfortable car for several hours, for the purpose of getting fresh air and taking exercise is a question for the jury: Kentucky & I. Bridge Co. v. McKinney, 9 Ind. App. 213 (36 N. E. 448); Louisville, N. A. & C. Ry. Co. v. Tredway, 143 Ind. 689 (40 N. E. 807, 41 N. E. 794); Alabama G. S. Ry. Co. v. Arnold, 84 Ala. 159 (4 So. 359); Chicago, etc., Ry. Cd. v. Woolbridge, 32 Ill. App. 237; Railway Co. v. Lawrence, 96 Ill. App. 635; Keokuk v. True, 82 Ill. 608; St. Louis & S. F. Ry. Co. v. Coulson, 8 Kan. App. 4 (54 Pac. 2); McCone v. Railway Co. 51 Mich. 601; McDonald v. Chicago & N. W. Ry. Co. 26 Iowa, 124 (95 Am. Dec. 114); Missouri Pac. Ry. Co. v. Neiswanger, 41 Kan. 621 (21 Pac. 582, 13 Am. St. Rep. 304); Union Pac. Ry. Co. v. Evans, 52 Neb. 50 (71 N. W. 1062); Bueneman v. Railroad Co. 32 Minn. 390 (20 N. W. 379); Weston v. Railroad Co. 73 N. Y. 595; Archer v. New York, N. H. & H. R. R. Co. 106 N. Y. 589 (13 N. E. 318); Railway Co. v. Brown, 78 Tex. 397 (14 S. W. 1034); Barker v. Railway Co. 41 S. E. 148; 3 Thompson, Negligence (2 ed.), §§ 3058, 3061; Seymour v. Railroad Co. 3 Biss. 43.

MR. JUSTICE MOORE delivered the opinion of the court.

It is contended by defendants' counsel that the testimony introduced by plaintiff conclusively shows that the injury of which he complains was caused by his contributory negligence, and hence the court erred in overruling their motions for judgments of nonsuit, based on that ground. The legal principle insisted upon necessitates an examination of the bill of exceptions, which shows that the Oregon Railroad & Navigation Co. is a corporation owning and operating a railroad from Portland east to Huntington, passing through the station of Biggs, situated on the south bank of the Columbia River. The Columbia Southern Railway Co. is also a corporation owning and operating a railroad from Biggs south to Shaniko. The depot and tracks at Biggs are owned by the former company, but the cost of maintaining the station is borne, and the tracks and premises connected therewith are jointly used, by both in receiving and discharging passengers. The station building is placed east and

west between parallel tracks, the Oregon Railroad & Navigation Co. using the lines of rails on the north side of the depot, and the other company those on the south. This building is surrounded by a plank platform 16 feet wide on the north, 12 on the south, and 14 on the east and west. The land on which the depot stands slopes to the south, so that the north edge of the platform is level with the tracks of the Oregon Railroad & Navigation Co., while the south edge is about five feet above the rails on that side, and the center of the west edge about six feet above the surface of the ground, which at that point is somewhat depressed. The Columbia Southern Railway Co., at the time of plaintiff's injury, was operating daily trains only, but the other company was running night passenger trains-No. 6, going east, passing through Biggs at 12:22 midnight, and No. 3, going west, at 3:30 a. m. These trains were not scheduled to stop at that station, which was closed at night, and no light maintained at the depot, the passengers being accommodated by the day trains of both companies which stopped at that junction.

The plaintiff is 59 years old, has traveled extensively by rail, is engaged in buying wool on commission, and had been at Biggs 11 times prior to his injury, passing in the daylight over a gang plank extending from the depot platform to the cars of the Columbia Southern Railway Co. With other buyers, he was at Shaniko June 27, 1903, attending a sale of wool, which was not concluded until evening. As these dealers could save a day's time if they could reach Biggs and take the night passenger trains of the Oregon Railroad & Navigation Co., they employed the other company to carry them by special train to that junction, the train dispatcher of the former company having telegraphed that its night passenger train would stop at Biggs if the special train reached there in time. The train so chartered left Shaniko at 8:40 p. m., and reached the junction at 12:15 that night, the car in which the wool dealers rode being left on the south side of the depot, and near the west end thereof. A few minutes thereafter train No. 6 stopped at the north side of the depot, and the passengers from Shaniko, who were going east, were escorted by a trainman of the Columbia Southern Railway Co., having a lantern, from its car, over the gang

plank and across the west end of the depot platform to the train of the other company. The plaintiff accompanied the departing passengers to their train, and immediately returned with the trainman to the car which he had left, intending to take passage for Portland when train No. 3 arrived. The car in which plaintiff was to wait was well lighted, and provided with a suitable toilet room. He sat down, and tried to slumber, but on the way from Shaniko the passengers had freely indulged in smoking, and he was unable to sleep. Being weary from the effects of his ride and fatigued from the strained position occasioned by sitting for several hours in an ordinary passenger car, he rose, left the coach, and again passed over the gang plank, intending to cross the tracks of the Oregon Railroad & Navigation Co. to seek refreshment in a cool breeze from the Columbia River, and also to urinate. Instead of going directly north, he turned to the west, and slowly walked in the darkness to the edge of the depot platform, which was not protected by a railing, and fell to the ground, sustaining such an injury that one of his legs had to be amputated below the knee. As a witness in his own behalf he testified on cross-examination that he had been at Biggs several times prior to June 28, 1903; that he knew the station platform was level with the car tracks on the north, but elevated on the south, requiring a gang plank, over which he had always passed in entering or leaving the coaches of the Columbia Southern Railway Co., but he had never particularly noticed the ground around the station; that he knew the platform did not extend indefinitely to the west; and, referring to the time when he was injured, he said, "It was the darkest night I ever saw."

In support of the judgment rendered it is asserted by his counsel that, as the defendants jointly maintain the depot at Biggs, each owes a duty to persons arriving on the cars of one company to take passage on those of the other to provide a reasonably safe platform, and to see that it is suitably lighted at night for a reasonable time before the arrival and after the departure of their trains, and for any neglect in these particulars they are jointly and severally liable for any damage resulting therefrom; that the Oregon Railroad & Navigation Co., having agreed to stop its train No. 3 at Biggs, on the night in question,