Brennan v. Michigan Cent. R. Co.

• Court: Michigan Supreme Court
• Writing for the Court: MONTGOMERY, J.
• Citation: Brennan v. Michigan Cent. R. Co., 53 N.W. 358, 93 Mich. 156 (Mich. 1892)
• Decision Date: 04 October 1892
• Parties: BRENNAN v. MICHIGAN CENT. R. CO.

53 N.W. 358

93 Mich. 156

BRENNAN v. MICHIGAN CENT. R. CO.

Supreme Court of Michigan

October 4, 1892

Error to circuit court, Jackson county.

Action by May Brennan, administratrix, etc., against the Michigan Central Railroad Company, to recover for damages resulting from her husband's death, which was alleged to have been caused by the fault of defendant. From a judgment for defendant, plaintiff appeals. Affirmed.

Loud & Price and Wm. E. Ware for appellant.

Parkinson & Day, (Ashley Pond, of counsel,) for appellee.

MONTGOMERY J.

Plaintiff as administratrix of her deceased husband, Thomas Brennan sued to recover for damages resulting from her husband's death, which it is alleged was caused by the fault of the defendant. The deceased was a brakeman, employed on the defendant's railroad, and his death was caused by an injury received while attempting to couple two cars loaded with logs. The declaration averred that the defendant was in fault in so loading the cars as that logs were allowed to project over the ends, making it unnecessarily dangerous for the brakeman, and that this condition was known to the defendant, and not known to the brakeman. The testimony tended to show that the deceased was on his second or third trip on the division on which he was killed; that on a siding north of the station at West Bay City the conductor of the train directed the trainmen, consisting of the engineer fireman, deceased, and another brakeman, named Wardwell, to back into the yard, and get certain cars loaded with logs, while the conductor stepped into the office to get his bills. It was dark at the time, and the deceased had a lantern with him. The logs were loaded several tiers high, and projected over the ends of the cars at various lengths, the middle and upper tiers projecting out further than the lower tier. The testimony tended to show that there was projecting over the end of the lower outside log, next to the side on which deceased stood, a sliver, about six inches long, about six inches wide at the base, and one and a half inches thick, and tapering to a point. It is the theory of the plaintiff that, after deceased attempted to make the coupling by reaching between the ends of the logs, this projecting sliver caught him as he was attempting to rise, and that before he could extricate himself he received the injury which resulted in his immediate death. The defendant offered evidence tending to show that the deceased had been cautioned against the danger of coupling cars loaded with logs, and offered in evidence a rule of the company, which reads: "In loading lumber, rails, iron, and other articles of like nature, it will frequently happen that the same will project over the ends of flat, coal, or box cars. The attention of train men and switchmen is directed to this fact, and they are required to notice the manner in which such cars are loaded before attempting to couple or handle the same." The rule also contained the following provision: "Coupling by hands is strictly forbidden in all cases, and each yard master, switchman, brakeman, or other employe who may be expected to couple cars is required at all times to use a stick for that purpose. Sticks will be...