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

• Decision Date: 02 December 1892
• Citation: 93 Mich. 553,53 N.W. 724
• Parties: McCASLIN v. LAKE SHORE & M. S. RY. CO.
• Court: Michigan Supreme Court

53 N.W. 724

93 Mich. 553

McCASLIN v. LAKE SHORE & M. S. RY. CO.

Supreme Court of Michigan

December 2, 1892

Error to circuit court, Ingham county; ROLLIN H. PERSON, Judge.

Action by Arminda McCaslin against the Lake Shore & Michigan Southern Railway Company. From a judgment for plaintiff defendant appeals. Affirmed.

C E. Weaver, (Geo. C. Greene and O. G Getzan-Danner, of counsel,) for appellant.

Cahill & Ostrander, for appellee.

GRANT J.

Plaintiff purchased a ticket over defendant's road from Lansing to Dimondale. She occupied a seat a little back from the center of the car. As the train approached Dimondale, the station was called by the brakeman. Plaintiff arose from her seat before the cars stopped. Two passengers Mr. and Mrs. Stiles, sat near her. Dimondale is a small place, and there were more passengers for that place than usual. There was no specified time for the stoppage of the train, but it was, of course, required to stop long enough to permit passengers to get off and on. Three passengers, including Mr. and Mrs. Stiles, preceded plaintiff. Mrs. Stiles was next to plaintiff, and Mr. Stiles carried her satchel. The first two passengers had alighted in safety, when the conductor gave the signal to the engineer to start. Plaintiff said she thought she was in the door, or near it, when the train started. She had heard the conductor say, "All aboard." Mrs. Stiles alighted with safety with the help of the brakeman. Plaintiff followed closely after Mrs. Stiles, and testified that as Mr. and Mrs. Stiles stepped down, and the brakeman reached for her, she gave him her hand, and got off. As she stepped upon the platform she fell and was injured. The fall was unquestionably caused by the motion of the train, although the brakeman may have been negligent in assisting her. Mr. Stiles testified that the train was not in motion when he got off. Mrs. Stiles says that the train was in motion when she got off, and that when she felt the motion of the car she was "somewhere at the head of the stairs." There was other evidence tending to show that the brakeman invited the plaintiff to alight, and told her to hurry up. The brakeman testified that he helped Mrs. Stiles down, and that he called out to plaintiff, "Hold on," or "Wait a minute," or something to that effect, and that he endeavored to get on the train to pull the cord. He also said that he had hold of her when she alighted, and assisted her as well as he could. The fact most in dispute was whether the brakeman invited plaintiff to alight, or told her to wait. The exact position of the plaintiff in the car when the train started is not shown, but it is evident that she was near the door. The other facts in the case are chiefly undisputed. Plaintiff, in her declaration, alleges the duty of the defendant to stop its train, and keep it stationary, for a sufficient length of time to allow passengers to alight in safety, and not to move or start the train until all the passengers for that station had reasonable time and opportunity to alight, nor to offer to aid and assist them in alighting when the train was in motion. She then avers that the train had stopped; that she, with others, without fault or negligence on her part, attempted to alight, making all reasonable haste; that those who preceded her alighted in safety; that she, following immediately and closely after those preceding her, and without any fault or negligence on her part, attempted to alight, and reached and stood upon the lower step of the platform, and that, before she had reasonable time to alight, the train, through lack of due care on defendant's part, negligently started, and began to move away from the station; that defendant's brakeman negligently offered and attempted to help and assist her to alight, and negligently took hold of her hand for that purpose; and that she was forced to, and did, put her hand upon the shoulder of said brakeman in attempting to alight; that the moving train carried and took her feet to and beyond the place where the said brakeman was so standing, before she could step from said platform upon the ground, causing her to rest and support herself almost entirely upon the hand and shoulder of the brakeman, who, immediately her feet were clear of the platform, negligently let go his hold of her, in consequence of which she, without fault or negligence on her part, was suddenly and violently dropped and thrown to the ground, the brakeman swinging himself upon the train and departing with it. The above is a substantial statement of the plaintiff's case, as presented in her declaration. The jury have found all the facts necessary to the plaintiff's claim in her favor, viz.: "(1) That the plaintiff was proceeding with due promptness to alight from the train. (2) That the train had stopped, and she was invited to alight. (3) That the train had not stopped a reasonable length of time to permit the passengers for that station to alight. (4) That plaintiff was in the exercise of due care. (5) That the defendant was guilty of...