Lake Shore & M.S. Ry. Co. v. Bangs

• Citation: 47 Mich. 470,11 N.W. 276
• Parties: L.S. & M.S. RY. CO. v. BANGS.
• Decision Date: 18 January 1882
• Court: Supreme Court of Michigan

11 N.W. 276

47 Mich. 470

L.S. & M.S. RY. CO. v. BANGS.

Supreme Court of Michigan

January 18, 1882

It is negligence for a passenger to leap from a moving train for the mere purpose of getting off at a station where the train should stop, but does not do so, even though he takes that course in order to save others distress on account of his absence.

It is not necessarily negligence to take a choice of risks or to do, without freedom of choice, an act involving danger; but it is negligence to risk life or limb merely to escape inconvenience or mental vexation.

One cannot recover damages for a personal injury to which he contributed by his own negligence

Error to Lenawee.

Weaver & Weaver, for plaintiff in error.

C.A. Stacy, for defendant in error.

CAMPBELL J.

Bangs recovered judgment for injuries from a railway accident suffered in October, 1880, at Tecumseh. He had taken a ticket to Adrian and back on a train which was not a regular one but used on that occasion for an excursion to attend a political meeting. The train left Clinton during the day taking on plaintiff at Tecumseh, and returned from Adrian between 11 and 12 o'clock at night. The train stopped at the crossing of the principal street, about a quarter of a mile south from the station, where a large number of passengers got off. It then started again and passed the station without stopping, and without any notice to passengers. Bangs supposing it would stop got up and went upon the platform in front of his car which was the second car counting from the rear end of the train, and discovered that the train was passing the station and would not stop there. He got down on the lower step on the side away from the station and after going on a short distance jumped off and was thrown down so that his right foot was crushed, and he was otherwise badly hurt, so as to require the amputation of his right leg in addition to other injuries of a grave character. His explanation of the transaction was that he was confused by discovering the failure of the train to stop, and that he supposed the train was not running more than six miles an hour, because that was its allowed rate through the village. He supposed he could jump safely. The night was not moonlight nor very clear, but he knew the ground, and the place where he jumped was a level place between two tracks which were about eight feet apart.

The chief defence was contributory negligence, although exception was taken to some rulings concerning the negligence of the railroad. There is no dispute about the cause of the injury. It was caused by Bangs jumping from the morning train, which was moving at six miles or upwards per hour. Bangs not only contributed to it but was an active cause of...