Pzolla v. Michigan Cent. R. Co.

• Decision Date: 25 June 1884
• Citation: 20 N.W. 71,54 Mich. 273
• Court: Michigan Supreme Court
• Parties: PZOLLA v. MICHIGAN CENT. R. CO.

20 N.W. 71

54 Mich. 273

PZOLLA v. MICHIGAN CENT. R. CO.

Supreme Court of Michigan

June 25, 1884

CHAMPLIN, J.

This action was brought to recover damages for personal injuries received by plaintiff in attempting to cross defendant's railroad, and while so doing being run against by defendant's engine. It appears from the plaintiff's testimony that on the eighteenth day of July, 1883, she was injured by defendant's engine while crossing the company's track from the slaughter-house of Hammond &amp Standish, near the Twentieth-street crossing. At this point defendant's tracks run nearly east and west. There were six tracks which passed the point where plaintiff was injured, and a track leading to an ice-house 225 feet west of Twentieth street. The other six tracks are thus described Commencing on the south, the first track is called No. 11; the next are called the south and north main tracks; north of these the tracks are numbered 1, 2, and 3. The main tracks were used for all passenger trains and freight business, and for the general working tracks to get in and out of the yard. At that time, defendants ran in and out over the main tracks about 60 passenger trains daily, and an equal number of passenger trains for light business, and also about 18 switch-engines constantly running in and out. The yard was being used at that time by the Michigan Central main line the Detroit, Lansing & Northern; the Grand Trunk; the Flint &amp Pere Marquette the Detroit & Bay City; and the Canada Southern Railroads. At the Twentieth-street crossing defendant had a flag-man, and sign-boards on the corner, containing the words: "No thoroughfare. The public are warned against walking on these tracks." Engines going east into the city for a train would run backwards, and switch-engines running one way would go backward, and the other way forward.

The plaintiff was sworns as a witness in her own behalf, and testified that her husband was employed by the defendant on the north side of the tracks described above and that she had been accustomed to carrying her husband's dinner to him, and in doing so she went up by the slaughter-house, west, and then went across the tracks to the company's yards north of the railroad, between Twentieth and Foundry streets; that her husband had been employed by defendant for three months; that she always went the same way; that she was standing upon the south side of the track upon which the engine was running when she was struck; that there were cars ahead of her, and before she stepped out from behind these cars she stopped and looked, and listened, but did not see nor hear anything; that she could not see up the track far on account of the cars, On cross-examination she testified that she did not know, but she guessed she saw a sign painted in English on the corner of Twentieth street, forbidding people to go on the tracks; that she knew that along-side of the slaughter-house there were railroad tracks, and cars and engines running nearly all the time; that she always stood there and looked around, so as not to be struck by them: and when she walked on the track she was always afraid; that she was not walking on the tracks, but between the tracks, when she was struck; that she did not know how far she had walked when she was struck. On redirect examination she testified as follows: "When I went west up the tracks from Hammond & Standish's towards the ice-house, I walked on...