Brown v. Chi., M. & St. P. R. Co.

• Court: Wisconsin Supreme Court
• Citation: Brown v. Chi., M. & St. P. R. Co., 80 Wis. 162, 49 N.W. 807 (Wis. 1891)
• Decision Date: 29 September 1891
• Parties: BROWN v. CHICAGO, M. & ST. P. R. CO.

80 Wis. 162

49 N.W. 807

BROWN

v.CHICAGO, M. & ST. P. R. CO.

Supreme Court of Wisconsin.

Sept. 29, 1891.

Appeal from circuit court, Richland county; GEORGE CLEMENTSON, Judge.

Action by Hattie Brown, administratrix of Clark E. Brown, against the Chicago, Milwaukee & St. Paul Railroad Company for negligently causing the death of deceased, who was a passenger on one of its freight trains. Order granting a nonsuit, from which order plaintiff appeals. Affirmed.

Action to recover damages for the death of plaintiff's intestate, Clark E. Brown, on the 15th day of October, 1887, which death plaintiff claims resulted from the negligent management of defendant's freight train on which said Brown was a passenger. Brown desired to stop at a station called “Blue River,” and the complaint charges that the defendant's employes negligently failed to cause the train to stop at Blue River long enough for him to alight, and that they negligently caused the train to be jerked in such a way as to cause him, without negligence on his part, to be thrown from the car and injured, from the effects of which injuries he died. The defendant pleads contributory negligence. The evidence showed that the deceased boarded the train at Boscobel, and desired to get off at Blue River; that he rode in the caboose with several other passengers; that he had two bundles, and sat down in a corner of the car with his hat pulled down over his eyes, as if dozing or thinking; that the train passed through Blue River station without stopping, one of the witnesses testifying that there was no change of speed, except that speed was increased when the station was passed to nearly or quite 18 miles an hour; that the deceased arose from his seat as the train was passing Blue River station, picked up his packages, looked out of the window, and went out of the back door of the caboose; that another passenger followed him to the door “shortly afterwards,” or “almost immediately,” and found that he was gone; that it was a little after 6 o'clock P. M. when the train left Boscobel, and was dark as it passed through Blue River; that the train was going east; and that the conductor had been through the car collecting fares. Upon the following morning the deceased was found by section hands in an unconscious condition, lying on a farm crossing, about a quarter of a mile east of Blue River, his body lying parallel with and about 3 feet from the track, with his head to the east. He remained unconscious until his death, which took place on the same day, and undoubtedly resulted from his injuries. About 8 feet west of the crossing 2 foot marks or tracks were found in the sand, close together, parallel with the rail, and 2 1/2 or 3 feet distant therefrom, sunk 2 or 3 inches into the sand, and pointing eastward. The bundles of the deceased were found 45 to 48 feet west of the body on the...