La Fond v. Detroit Citizens' St. Ry. Co.
| Decision Date | 11 November 1902 |
| Citation | 92 N.W. 99,131 Mich. 586 |
| Parties | LA FOND v. DETROIT CITIZENS' ST. RY. CO. |
| Court | Michigan Supreme Court |
Error to circuit court, Wayne county; William L. Carpenter, Judge.
Action by Marie La Fond against the Detroit Citizens' Street Railway Company. From a judgment in favor of defendant plaintiff brings error. Affirmed.
Ira A Lieghley and William W. Ferguson, for appellant.
Brennan Donnelly & Van De Mark, for appellee.
The facts appearing on the trial are summarized by the circuit judge as follows: Plaintiff, a passenger on defendant's street car, alighted from that car at the intersection of Congress street and Jos. Campau avenue, and, as she passed around the car after alighting, her foot caught in a rope that was dragging, and she was seriously injured. The testimony abundantly proves that some boy who was in the habit of hitching sleds or cans or something of the sort--at least, that is the natural and necessary inference from this testimony--had left that rope attached there. Now, the question is whether there is any evidence of negligence on the part of the street car company. The question is whether there is any evidence from which it can be inferred that they were negligent in not discovering the rope and removing it. Bear in mind to what part of this car the rope was attached. It was not attached above, but below the projection, which is practically level with the platform. Bear in mind that it was after dark; between 6:20 and 6:30 on the evening of January 12th; some time after dark. Of course, the only way a rope of this sort could be discovered would be by close examination. None of the men on the back of that car saw the rope until some one was struck by it, except the one who passed around it when he alighted. I think you would be justified in inferring from the testimony of Reid, who got on at the corner of Woodward avenue and Congress street, that the rope was on from Woodward avenue, from a mile and a quarter to a mile and a half; that it took 7 1/2 minutes to go from Woodward avenue to this place; and, if it was on there, perhaps it was on some time longer. Now, the other suggestion is that, inasmuch as it has been shown to be a custom on the part of the boys on Congress and Baker streets, and upon the other streets upon which this car line is operated, to hitch on, that precaution ought to have been taken. The testimony shows, from all the witnesses except...
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