Bird v. Flint & P.M.R. Co.

Decision Date08 May 1891
PartiesBIRD v. FLINT & P. M. R. CO.
CourtMichigan Supreme Court

Error to circuit court, Oakland county; JOSEPH B. MOORE, Judge.

Moore & Moore, (John Fitzpatrick, of counsel,) for appellant.

William L. Webber, for appellee.

GRANT J.

The deceased was a schoolteacher aged 27 years, and in the full enjoyment of all her faculties. The defendant's road crosses a highway running through the village, the railroad running nearly north and south, and the highway running east and west. The depot stands west of the railroad, and near the intersection of the road and the highway. There were across this highway a main track and a side track. A freight train was standing on the side track across the highway, waiting for the arrival of a passenger train, upon the arrival of which, as was the well-known custom, it immediately pulled out. The deceased, living east of the crossing, intended to take passage upon the incoming train. Finding the freight train across the highway, she undertook to climb through between the cars. She had climbed upon the coupling of the draw-bars, and in jumping therefrom her dress caught upon the coupling-pin; she fell just as the train started, was drawn under the cars, and killed. The only allegation of negligence against the defendant is that, contrary to the law, it had permitted this train to stand upon the highway more than five minutes; that it had for a long time permitted its freight trains to stand there, obstructing the road for more than five minutes at a time; that people had been in the habit of crossing the street while trains were standing there, under and between its cars; and that its employes in charge of its freight trains had frequently assisted persons in so passing; and that, therefore, the defendant by this conduct had invited the public to so pass. The testimony on the part of the plaintiff shows that deceased started from her residence for the depot as the incoming passenger train whistled for the station; that she walked fast towards the depot, and, seeing the freight train across the highway, she said to two friends, as she passed them, "Girls, what shall I do?" One of them replied, "Wait, and the train may pull away." But she replied, "I have got to make that train;" and she thereupon walked up to the train, and attempted to cross, with the result above stated. The learned circuit judge instructed the jury that "for any person to...

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3 cases
  • Munroe v. Edwards
    • United States
    • Supreme Court of Michigan
    • 15 Mayo 1891
  • Munroe v. Edwards
    • United States
    • Supreme Court of Michigan
    • 15 Mayo 1891
  • Bird v. Flint & P. M. R. Co.
    • United States
    • Supreme Court of Michigan
    • 8 Mayo 1891
    ...86 Mich. 7948 N.W. 691BIRDv.FLINT & P. M. R. CO.Supreme Court of Michigan.May 8, Error to circuit court, Oakland county; JOSEPH B. MOORE, Judge. [48 N.W. 691] Moore & Moore, ( John Fitzpatrick, of counsel,) for appellant. William L. Webber, for appellee.GRANT, J. The deceased was a schoolte......

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