Enright v. Toledo, A.A. & N.M. Ry. Co.

• Decision Date: 04 November 1892
• Citation: 93 Mich. 409,53 N.W. 536
• Parties: ENRIGHT v. TOLEDO, A. A. & N.M. RY. CO.
• Court: Michigan Supreme Court

53 N.W. 536

93 Mich. 409

ENRIGHT v. TOLEDO, A. A. & N.M. RY. CO.

Supreme Court of Michigan

November 4, 1892

Error to circuit court, Shiawassee county; WILLIAM NEWTON, Judge.

Action by Josephine Enright, administratrix of the estate of James Enright, deceased, against the Toledo, Ann Arbor & North Michigan Railway Company, for the death of plaintiff's intestate. Verdict and judgment for plaintiff. Defendant brings error. Reversed.

Watson & Chapman, for appellant.

Lyon & Hadsall and T. W. Whitney, for appellee.

GRANT J.

Plaintiff's decedent, James Enright, was in the employ of the defendant as freight conductor. On the night of the 27th of February, 1890, he was in charge of a freight train going southeasterly over its road. He had stopped his train on the main track at Ithaca. While it was standing there, early the next morning, and while it was dark, a freight train, going in the same direction, ran into it, and killed Mr. Enright. Plaintiff recovered verdict and judgment.

The negligence claimed is "that the train dispatcher directed Enright to stop his train, which was going southeasterly, at Ithaca, and to wait there for a train going in the opposite direction to pass; and then directed a train following Enright's, and going in the same direction, to run straight through to Owosso, a point beyond Ithaca, well knowing that, if the conductor of the following train obeyed his train order, his train must collide with Enright's train; that the following train did run into the rear end of Enright's train at Ithaca, and Enright was killed while sitting in the caboose of his train." Rule 97 of the defendant governs the management of freight trains in their approach to stations, and is furnished to the conductors and engineers for their guidance. It reads as follows: "The track between extreme switches at any station will be considered station limits. Freight trains may use main track within station limits at any station up to within ten minutes of the time of the passenger train. After that time they will be governed by rule 99. Freight trains can use the main track between extreme switches at any station, regardless of trains of the same or inferior class. Freight trains will approach all stations under full control, expecting to find trains using main tracks within station limits." Enright and his fellow servants on his train had the right to rely upon the observance of this rule by those in charge of the train following them. That he did rely upon its observance, and consider himself in a place of safety, is evidenced by the fact that he placed no torpedoes in his rear upon the track, or gave any other signal to any train that might approach. He knew that this very train was behind, and would soon follow. The two trains were together at Shepard about 19 miles distant from Ithaca, and Enright conversed with the engineer of the other train. That engineer told him that it was a very bad night; that he was going to wait there 50 minutes or an hour after Enright left, before he pulled out to follow him; and said to him. "If you do stop any where to-night on the road, give me some show;" to which Enright replied, "I will." Enright was 29 years old, and had been engaged in railroad service for 14 years, and it is conceded that both he and those in charge of the following train had knowledge of rule 97. Those in charge of freight trains are not notified by the defendant where trains which are ahead of them will stop. The engineer of the following train testified that he had been in the employ of the defendant for 10 years, and that he had never received warning of a train which was running ahead of him, or the same way he was running. Train men are expected to rely upon and observe this rule. The requirement to always observe it leaves no excuse for violating it. The track enters Ithaca on a down grade, and over a sharp...