Piquegno v. Chicago & G.T. Ry. Co.

• Citation: 17 N.W. 232,52 Mich. 40
• Parties: PIQUEGNO v. CHICAGO & G.T.R. CO.
• Decision Date: 31 October 1883
• Court: Michigan Supreme Court

17 N.W. 232

52 Mich. 40

PIQUEGNO v. CHICAGO & G.T.R. CO.

Supreme Court of Michigan

October 31, 1883

A railroad company is not bound to keep the ground near its track free from ice and snow, and the danger incident to such a condition of the ground is one of the ordinary risks of a brakeman's employment.

Being called to supper in haste was not an order to jump from the train, and cannot be held to be an improper command.

Error to St. Clair.

Atkinson & Stevenson, for plaintiff and appellant.

E.W Meddaugh, for defendant.

COOLEY J.

Action for injury to the person. The declaration alleges that on February 8, 1881, plaintiff was in the employ of defendant as a brakeman on a freight train running from Port Huron to Valparaiso, Indiana, through the city of Flint, and that defendant "did not carefully, skillfully, and without negligence run its trains over said road, and did not keep such road and all its appurtenances in good, safe, and proper condition, and did not keep its station grounds and platforms, at the city of Flint aforesaid, free from ice, snow, and other matter dangerous to the safety of persons employed on said road, and did not, on the day aforesaid and at the place aforesaid, furnish and provide its engine, then used in making up trains and moving the van which the plaintiff was at work upon, with a skillful and competent engineer, but in all the matters aforesaid neglected its duty in the premises and operated its engine by a fireman who had neither skill experience, nor capacity for such work, and suffered its station grounds, track, and platform to become covered with slippery ice and snow, and the space from the track to the platform was obstructed with dangerous snow-heaps, so that the whole track, platform, and premises, at the place aforesaid, were in an unsafe and dangerous condition, through the negligence of the said defendant, by means whereof the plaintiff, while performing his duties as brakeman with all due care and diligence on his part, and in consequence of such negligence and default of the defendant, was thrown with great force and violence from the van upon which he was riding, onto the platform aforesaid, and by reason of the ice and snow thereon was carried and thrown from such platform over the ice and snow bank aforesaid, against the defendant's track, on the line of its road, and by reason of the negligence and unskillfulness of the fireman aforesaid, while so lying near the track, was run upon by an engine of the defendant, and his left arm broken and mangled," etc.

On the trial the plaintiff showed that at the time and place named his arm was run upon and broken and mangled by an engine as alleged, but there was no evidence whatever that any negligence or unskillfulness in the fireman was in any manner concerned in the injury, and it was testified by himself that he voluntarily jumped from the van, and was not thrown from it as he had alleged. His account of the accident is, in substance, this: The train was manned by one Strickland as conductor, and one Flynn and himself as brakemen. It was at Flint, where it had just arrived from Battle Creek. He set the brakes and stopped the train, and then went into the van to put away the flags and get ready for supper. Within four or five minutes the conductor came in and told them they had to go right back to Battle Creek, and they must hurry as quick as they could and get their supper. In a minute or two they coupled on behind the caboose and turned away out on the switch, backing towards the west switch, near Saginaw street. They then started and went east towards the station. Plaintiff then had his clothes off, preparing for supper. The conductor hallooed to him to get off and get his supper, and Flynn said they had better go or they would get left, so he hurried on his clothes, and, as he proceeds to say, "I got off and run probably two or three steps probably three or four, I don't know how much, exactly, and I struck some ice that had been left there from where they had probably been cleaning, and I slipped towards the track, and glanced off slanting towards the rail. When I struck the old ice and snow I laid on my back, and something struck my left shoulder, I couldn't say whether the box of the journal or the cylinder of the engine, and shoved me probably eight feet forward, till my feet reached where it was a little low, and I couldn't hold myself any longer; and my back lay on a bank of snow, slanting towards the track, and I slid down between the two, and laid in that shape, to protect myself as well as I could. My left arm...