Silanpa v. Thomson
| Decision Date | 11 September 1944 |
| Docket Number | No. 34.,34. |
| Citation | 309 Mich. 326,15 N.W.2d 657 |
| Parties | SILANPA v. THOMSON. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Action by Valentine Silanpa against Charles M. Thomson, trustee of the property of Chicago & Northwestern Railway Company, for injuries caused by defendant's train striking an automobile in which plaintiff was riding. From a judgment for plaintiff, the defendant appeals.
Affirmed.
Appeal from Circuit Court, Gogebic County; Thomas J. landers, judge.
Before the Entire Bench.
Frost & Deo, of Escanada, for appellant.
William F. Pellow, of Bessemer (S. W. Patek, of Ironwood, of counsel), for appeallee.
Plaintiff recovered a judgment of $6,000 against defendant trustee of the property of the Chicago and North Western Railway Company, referred to herein as railroad, for personal injuries caused by a train running into and striking an automobile in which plaintiff was riding on November 26, 1941. Plaintiff, a miner, lived in Bessemer, Michigan, and was unemployed. At the time he and a friend named Certano were driving in the latter's car to a mine for the purpose of obtaining employment. He had worked at the Penokee Mine in Ironwood, situated near the crossing involved in the accident. The mine had been shut down for some time. They passed the crossing, going along the county road, and on their arrival at the Ironton office they were told that the foreman or captain was at the Penokee mine. They thereupon decided to drive there and see him. At this time, about 10:30 a. m., as they were driving in a westerly direction on the north side of the highway, defendant was moving a short train consisting of an engine and three flat cars northerly across the county road in Gogebic County. As the cars were being pushed across the road with the engine in the back, the collision occurred. A stockpile, bus shanty, rockpile and other objects had interfered with Certano's vision and when he finally saw the train, it was too late to avert the accident. These obstructions leveled off a short distance east of the first railroad track. The wooden shanty was approximately 10 feet wide, 12 feet long and 12 feet high, and was situated about 50 feet east of the first track of the crossing, approximately 30 to 40 feet south of the south shoulder of the road. The testimony showed that it obstructed the vision to the left as one drove up to the crossing.
The old county road on which Certano was driving was a well-traveled highway. Defendant realized the danger and for the past 10 years the rule and custom was for trains to stop at this crossing and send a flagman out to warn the traffic. The switchman testified that there was danger of collision if they did not stop and warn on-coming traffic. Ordinance No. 28 of the City of Bessemer required the railroad companies running their tracks through the city to keep at each railroad crossing a properly constructed gate or a flagman, et cetera. There is some testimony to indicate that there was sufficient clear space so that had Certano been carefully watching he could have seen the train in time to avoid the collision. However, he testified that he was familiar with the crossing, having passed over it for 15 years, and that he knew that defendant usually had a flagman at the crossing in the event of an approaching train. He further testified that he looked on both sides of the road as he approached the crossing and when he reached a point about 50 feet from the crossing he looked and saw nothing. He did not see the train until he was 15 or 20 feet from the track. Thereupon he applied the brakes. When the automobile stopped, it was approximately 1 1/2 feet east of the nearest rail of the track. When he first saw the train, it was 4 or 5 feet south of the crossing. No warning was given by whistle or bell. The train struck the front end of the automobile on the left side and pushed it one foot to the north or right side before the train was brought to a stop. The color of the leading flat car was the same as the color of the surrounding country. The hill beyond was the same color, dark and cloudy. Plaintiff himself...
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Bishop v. New York Cent. R. Co.
...Railway Co., 253 Mich. 647, 652, 235 N.W. 825, 827, Affirmed on Rehearing, 256 Mich. 417, 240 N.W. 29. See, also, Silanpa v. Thompson, 309 Mich. 326, 15 N.W.2d 657. We believe the general rule in Michigan pertaining to the instant problem was best stated by Justice Fead for a unanimous Cour......
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Pennsylvania R. Co. v. Ackerson
...of the railway to follow its usual custom of having a flagman at the crossing to warn traffic was considered in Silanpa v. Thomson, 309 Mich. 326, 330, 15 N.W.2d 657, to be evidence of negligence. To the same effect is Motyka v. Detroit, G. H. & M. Ry. Co., 256 Mich. 417, 240 N.W. 29, which......
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Stuive v. Pere Marquette Ry. Co., s. 13
...at a protected crossing, but the watchman had signaled the automobile to go ahead. Again there was a jury question. In Silanpa v. Thomson, 309 Mich. 326, 15 N.W.2d 657, the railroad had ceased operations on the spur line for a considerable period owing to the shut-down of a mine, there was ......
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Alexander v. Grand Trunk W.R. Co.
...the driver is slower than the average, it would take at least 50 feet. On the general subject of plaintiff's duty, see Silanpa v. Thomson, 309 Mich. 326, 15 N.W.2d 657; also, Beagle v. Pere Marquette R. Co., 184 Mich. 17, 150 N.W. 345. In Lockett v. Grand Trunk W. R. Co., 272 Mich. 219, 225......