Dorcey v. Milwaukee Elec. Ry. & Light Co.

• Decision Date: 07 April 1925
• Citation: 186 Wis. 590,203 N.W. 327
• Court: Wisconsin Supreme Court
• Parties: DORCEY v. MILWAUKEE ELECTRIC RY. & LIGHT CO. (TWO CASES).

186 Wis. 590

203 N.W. 327

DORCEY

v.MILWAUKEE ELECTRIC RY. & LIGHT CO. (TWO CASES).

Supreme Court of Wisconsin.

April 7, 1925.

Appeal from Circuit Court, Milwaukee County; John J. Gregory, Judge.

Consolidated actions by George W. Dorcey and Marion Dorcey against the Milwaukee Electric Railway & Light Company. Judgments for defendant, and plaintiffs appeal. Affirmed.

Personal injury. The plaintiff Marion Dorcey was a passenger for hire on one of defendant's street cars, and while alighting therefrom was thrown from the steps of the car to the street and sustained injuries. She began this action to recover damages therefor, and her husband began an action to recover for loss of services and damages on account of the same accident. The two actions were consolidated and tried together. At the close of the plaintiff's case, the trial court granted defendant's motion for a nonsuit, and judgment was entered accordingly, dismissing the plaintiff's complaint, from which the plaintiff appeals.Max Mysell and Joseph G. Hirschberg, both of Milwaukee, for appellants.

Van Dyke, Shaw, Muskat & Van Dyke, of Milwaukee, for respondent.

ROSENBERRY, J.

Marion Dorcey was a woman in good health, 39 years of age, weighing 190 pounds, height 5 feet 8 inches, the mother of four children. She was accompanied by her sons, one 18 years of age and one 4 years of age. Upon entering the car, Mrs. Dorcey secured a rear seat, her oldest son securing a seat opposite her. The youngest son stood in the aisle in front of his mother. When the car reached Seventh and Winnebago streets, Mrs. Dorcey and her youngest son proceeded toward the exit door to alight. They were preceded by two or three other passengers who alighted in advance of them. Upon reaching the exit door, Mrs. Dorcey, remaining standing on the platform, assisted her 4-year old son to alight to the ground. The older boy had been separated from his mother and was unable to afford her any assistance. After she had assisted her 4-year old son to alight, she started to step from the platform onto the step, and while she was standing with one foot on the platform and the other foot on the step, some unknown person stepped on her dress and at the same time she received a push, by reason of which she fell forward upon the surface of the street. There is no clear evidence as to the number of passengers who were attempting to alight; the evidence discloses the usual and ordinary situation that exists when a large number of passengers seek to alight from a street car. Mrs. Dorcey described the accident as follows:

“There was two or three ahead of me got off of the car. Then I let my little son down, and he was on the street, when I got one foot on the platform--that is, the top platform--and one on the...