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

• Decision Date: 29 September 1885
• Citation: 24 N.W. 774,58 Mich. 195
• Parties: SELLICK v. LAKE SHORE & M.S.R. CO.
• Court: Michigan Supreme Court

24 N.W. 774

58 Mich. 195

SELLICK v. LAKE SHORE & M.S.R. CO.

Supreme Court of Michigan

September 29, 1885

Error to Branch.

John B. Shipman, for plaintiff.

Millard & Weaver, Ashley Pond, and O.G. Getzen-Danner, for defendant and appellant.

COOLEY C.J.

The declaration in this case contains but a single count. It alleges that on September 11, 1883, the plaintiff was "engaged in the carrying of passengers from a hotel, in the village of Quincy, located on the south side of the defendant's track, by way of a certain public highway therein, called "Main Street," across the railroad track, where it crosses Main street, to the defendant's railroad depot, located on the north side of said track; and thereupon on said day the plaintiff attempted to convey two passengers from the hotel aforesaid to the said depot with a wagon drawn by two horses belonging to and driven by him along the route and street mentioned, the said horses being of ordinary gentleness and accustomed to being around cars and trains, but, arriving at the place aforesaid, on Main street, where the defendant's said railroad intersects and crosses the same, and across which said public highway is constructed, maintained, and operated by the said defendant the plaintiff was forced to stop, by reason of the said highway being there and then obstructed and rendered impassable by the defendant's cars, to-wit, a freight train, composed of a number of cars, to-wit, twenty-five cars, drawn by an engine, all under the care and management of the defendants. And the defendants did then and there, by their said cars and train, obstruct the said public highway for more than five minutes at one time, to-wit, at said time that is to say, they negligently and unlawfully obstructed it for more than five minutes immediately preceding the time when the plaintiff reached the spot as aforesaid, with their said cars and train, and unlawfully kept and continued the same obstruction therein for fifteen minutes after he reached the place, and carelessly neglected to cut the train and open a passage along said highway across said track at any time during said period of over twenty minutes but wrongfully left the cars and train standing on the track across the said highway during all that time, totally blockading and preventing travel thereon during all of said period, well knowing people would need to use the street at said time in going to the depot with and without teams and wagons to meet the west-bound passenger train over said railroad, then nearly due at that station, and also knowing that the blockade of said highway, as aforesaid, made it an unsafe and dangerous place for teams to be caught in. And while the plaintiff was thus prevented by the wrong of the defendant from driving along said highway across the railroad track to the place of safety beyond; and while he was thus waiting for the defendants to open the freight train and let him pass through; and after the defendants, by the means aforesaid, had obstructed the said highway for more than five minutes; and while they continued to keep up and maintain said obstruction and blockade of the street, as aforesaid,--the said passenger train, run by the defendants over said railroad, arrived and departed; and as the engine drawing the same approached and passed the street and spot where the plaintiff was waiting as aforesaid, the defendants, by their servants in charge of the said passenger engine, carelessly and...