16 N.W. 388 (Mich. 1883), Mitchell v. Chicago & G.T. Ry. Co.

Citation:16 N.W. 388, 51 Mich. 236
Opinion Judge:CAMPBELL, J.
Attorney:[51 Mich. 237] J.C. Shields, for plaintiff. M.V. & R.A. Montgomery, for defendant and appellant.
Case Date:July 02, 1883
Court:Supreme Court of Michigan

Page 388

16 N.W. 388 (Mich. 1883)

51 Mich. 236




Supreme Court of Michigan

July 2, 1883

In cases of injury on railroads there is no presumption of negligence on the part of the railroad. Negligence must be shown in all such cases, and it must appear to have been the efficient cause of the injury, without contributory fault in the plaintiff.

Nor will negligence be presumed where nothing is done out of the usual course of business, unless that course itself is improper. There must be some special circumstances calling for more particular care or caution in order to make a liability.

Passengers must take the responsibility of informing themselves of the every-day incidents of railway traveling.

In this case there was nothing to indicate that there was any act or omission on the part of the railroad not incident to the constant usage of the road, or indicating fault, and the case should not have been submitted to the jury.

Error to Ingham.

[51 Mich. 237] J.C. Shields, for plaintiff.

M.V. & R.A. Montgomery, for defendant and appellant.


Plaintiff sued for a personal injury which befell her on leaving a train at the Chicago junction of defendant with the Detroit, Lansing & Northern Railroad, three miles east of Lansing. She had been traveling on defendant's road with a ticket which went to Lansing from Chicago, and had a coupon attached to take her on the other road from Lansing to Fowlerville. As the ordinary stoppage at the depot of defendant's road in Lansing would make it necessary for her to cross over a considerable distance to the other station in Lansing, the conductor offered to take her to the junction where the two roads met, so that there need be no difficulty in the transfer. [51 Mich. 238] Just before arriving at the junction, and when the train was some 300 or 400 feet from it, the name of the station was called out by the proper person, and the cars came to a full stop as required by law before reaching crossings. Plaintiff at once left her seat and hurried to leave the car. It does not appear that any person employed on the train noticed her. She went down the steps where there was no platform or other convenience for landing, and just as she stepped off, the cars were suddenly started again to go forward to the depot, and she fell and broke her ankle. When the depot was...

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