Britton v. Street Ry. Co. of Grand Rapids

Citation90 Mich. 159,51 N.W. 276
CourtSupreme Court of Michigan
Decision Date05 February 1892
PartiesBRITTON v. STREET RY. CO. OF GRAND RAPIDS.

Error to circuit court, Kent county; WILLIAM E. GROVE, Judge.

Action by Patrick J. Britton against the Street-Railway Company of Grand Rapids to recover damages for personal injuries. From a judgment for defendant, plaintiff appeals. Reversed.

Fitz Gerald & Barry, (Charles Chandler and Francis A. Stace, of counsel,) for appellant.

Bundy & Travis, for appellee.

MORSE, C.J.

This is an action for negligent injury. The jury found in favor of the defendant. There were but two witnesses to the accident or injury. The plaintiff testified substantially that late in the afternoon of November 8, 1887, he took a car belonging to defendant on Division street, going south, at or near Oakes street, in the city of Grand Rapids, on his way home intending to get off at Pleasant street. The car was drawn by two horses, and was what is called a "closed" or "bob-tailed" car, where passengers can only get off and on at the rear platform. There was no conductor, the fare being paid by the passengers passing up through the whole length of the car and depositing it in a cash-box. Plaintiff testifies that the car was so crowded with passengers when he got on that he could not get into the car, and passed his fare to one of the passengers, who passed it on until it reached the box. The platform was also full of passengers and plaintiff rode standing upon it with others. At Second avenue-the street just north of Pleasant street-the bell was rung, and the car stopped on the south side of said avenue. Two ladies, who were inside the car, came out, and alighted on the west side of the car, the plaintiff and others on the platform standing back to let them pass. While the car was still standing, the plaintiff followed the ladies down the car-step, thinking to then alight, as he was but a few feet from Pleasant street. As he was in the act of stepping from the last step of the car, having hold of the guard-rails with his hands, the driver of the car struck the horses a severe blow with his whip, starting them with a sudden jump forward, jerking plaintiff's hold loose from the guard-rails, and throwing him violently to the ground and injuring him. He saw the driver looking back through the car when he started to get off. A witness for the defendant, one John G. Camp, testified that he was riding upon the car, and smoking upon the rear platform, at the time plaintiff was injured. Witness knew plaintiff by sight only. "Thought he was pretty full,"-meaning that plaintiff was intoxicated when witness saw him on the car. That the car did not stop at Second-Avenue crossing, but at the south crossing on Pleasant street, where two ladies alighted. The plaintiff got off before the ladies did, and while the car was in motion, and on the east side of the car, about 30 feet from where the car stopped. Plaintiff stepped off the car as if he was going to step down on the last step. Instead of making the last step, he went off on the ground. He was hanging on the rail with his hands, and as he stepped off it threw him around behind the car. When plaintiff stepped, witness thinks that he and plaintiff were the only persons on the rear platform. After the car stopped, he informed the driver that a man had fallen from the car. The driver remembers nothing about the plaintiff. He testifies that on this evening the bell rang about at Second avenue, but he did not stop until the hind end of his car was in the Pleasant-Street crossing. Saw two ladies get off there on the west side of the car. None of these witnesses knew these ladies, nor had their identity been discovered at the time of the trial. The driver further testified that a man told him that a man had fallen from the car; that he saw the man walking on the sidewalk, and another man with him. It will be seen that the issue to go to the jury was a very simple one. If the plaintiff's story was true, the driver of the car was negligent, and the plaintiff entitled to a verdict. If Camp's story was believed by the jury, their verdict should have been for the defendant.

We are satisfied that the court not only erred in his instructions to the jury, but that the charge was also...

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1 cases
  • Britton v. St. Ry. Co. of Grand Rapids
    • United States
    • Supreme Court of Michigan
    • 5 Febrero 1892
    ...90 Mich. 15951 N.W. 276BRITTONv.STREET RY. CO. OF GRAND RAPIDS.Supreme Court of Michigan.Feb. 5, Error to circuit court, Kent county; WILLIAM E. GROVE, Judge. Action by Patrick J. Britton against the Street-Railway Company of Grand Rapids to recover damages for personal injuries. From a jud......

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