Matti v. Chicago & W.M.R. Co.
| Decision Date | 02 March 1888 |
| Citation | 69 Mich. 109,37 N.W. 54 |
| Parties | MATTI v. CHICAGO & W. M. RY. CO. |
| Court | Michigan Supreme Court |
Error to circuit court, Berrien county; A. J. SMITH, Judge.
Action by Mary Matti, administratrix of Adolph Matti, against the Chicago & West Michigan Railway Company for damages for negligently killing one Adolph Matti at a railroad crossing. To the judgment entered on a verdict for defendant, plaintiff brings error.
The plaintiff brought suit for damages resulting from the death of her intestate, who was killed upon a highway crossing known as the "Plee Crossing," in the township of Lincoln, Berrien county. The declaration alleged negligence in the defendant's failure to give any notice or warning of the approach of its train to such crossing, either by sounding a whistle, ringing a bell, or otherwise. The evidence of the witnesses for the plaintiff was that none of them heard any whistle sounded, or bell rung, until the train struck the cattle-guard at the crossing. The accident was witnessed by James G. Collins, William Singer, Frank Crane and Anna Matti, a daughter of deceased, and also by some of the employes of the defendant. The testimony of plaintiff's witnesses disclosed the circumstances of the killing of Mr. Matti, as follows: The crossing is a mile or so north of the village of Stevensville. Eighty rods north of this crossing is another, known as the "Miller Crossing." The highway at the Plee crossing runs nearly north and south. The railroad track crosses the highway diagonally, running north-east and south-west. About five rods north of the crossing, and on the east side of the highway, lying between the road and the railroad, is a cemetery, running about 35 rods along the highway. At its base at the north end of the cemetery is about 17 rods in width. At the south end it comes nearly to a point. It was filled quite thickly with oak grubs or young oak trees, most of them from 10 to 12 feet high, and bushy. The accident took place in the winter time, January 2, 1885, and some of the leaves had fallen from the trees. On the day in question a passenger train, going south, was due about 4 o'clock in the afternoon. This train did not stop at Stevensville, and was one of the fastest on the road. It was behind time about 50 minutes, and was running at the rate of 45 miles an hour. None of the plaintiff's witnesses heard any whistle sounded or bell rung at Miller's crossing, or at the Plee crossing, until the cattle-guard was reached. Matti was going south, driving one horse, at a pretty fair gait, attached to a light wagon. He was sitting on a platform of boards, reaching from bolster to bolster of his wagon. His face was to the west, his back to the approaching train, and his feet hanging off on the west side of the platform. It was very cold, and the ground was frozen hard. The train made but little noise in running. His head was down, and he did not look up while any one saw him until the feet of his horse were on the iron of the track. He looked up at the ringing of the bell at the cattle-guard. He whipped up his horse, but it was too late. The engine struck the wagon between the wheels, about in the center, and carried it with the train, until it stopped about 80 rods from the crossing. The deceased was a German, a small fruit farmer, and was familiar with the situation of the crossing and its relation to the railroad track, having lived for about three years within a mile of the crossing and passing over it almost daily. Were it not for the trees in the cemetery the approaching train could have been seen plainly all the way from above the Miller crossing, and all the witnesses did see it, and all but one testified that they could see it easily enough when it was passing behind the cemetery, the trees not being thick enough to obscure the view. Matti was...
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