Spavin v. Lake Shore & M.S. Ry. Co.
| Decision Date | 19 May 1902 |
| Citation | 90 N.W. 325,130 Mich. 579 |
| Parties | SPAVIN v. LAKE SHORE & M. S. RY. CO. et al. |
| Court | Michigan Supreme Court |
Error to circuit court, Wayne county; George S. Hosmer, Judge.
Action by John Spavin against the Lake Shore & Michigan Southern Railway Company and another. From a judgment for defendants plaintiff appeals. Affirmed.
At the time of the accident upon which this suit is based, and for years prior thereto, the defendant companies operated jointly a double-track railroad extending from the Brush street depot, in the city of Detroit, to Dequindre street, north on Dequindre street to a point about 200 feet north of Ferry avenue, where the trains of the Lake Shore diverge from the double tracks in a westerly direction onto the Lake Shore main line, the double track of the D. & M. continuing northward. The easterly main track was used by all trains going north, and the westerly main track by all trains going south. About 500 feet south of Ferry avenue there was a semaphore which controlled outgoing trains, and about 200 feet north of Ferry avenue there was a semaphore which controlled incoming trains. Between Ferry avenue and the semaphore on the south side there is a joint switch, used to switch trains over from the outbound track to the inbound track, and thence onto the Lake Shore main track. Just south of Ferry avenue a crossover track counects these two tracks. About 250 feet south of Ferry avenue, on the easterly main track, is a switch which opens into the cross-over track. At the northerly end of the cross-over, where it connects with the inbound main track, there is another switch. An outbound Lake Shore train would come up the easterly D., G. H. & M main track to the switch first above named, would pass over it into the cross-over, out of the cross-over by the second switch upon the inbound track, along it a short distance, and then over the joint switch upon the Lake Shore track. After running a train length, plus the distance from that switch to Ferry avenue and the width of Ferry avenue, it would stop with its rear car opposite the car checker's shanty. To get it from the outbound D., G. H. & M. main track to its stopping place, the three switches had all to be opened and set for its passage. They were all fitted with switch lamps which showed, to one looking down from Ferry avenue, white when the switches were set for the main lines, and red when they were set for the Lake Shore outbound train to make the station. About 250 feet south of Ferry avenue, and just south of the joint switch, and westerly of the inbound track, there was a telegraph station, which was used by the telegraph operator and the person in charge of the joint switch and the semaphores, which were operated from this station by levers. West of the inbound track there was a long siding, commencing just south of the telegraph office, and extending south to Gratiot avenue and beyond. This siding was paralled with the main tracks, was connected with the inbound track at different points, and a number of spurs ran over in a westerly direction into different coal yards and other manufacturing establishments along the line, and were used for the purpose of switching cars upon the premises of the several establishments. On the northwest corner of Ferry avenue and the railroad track, and about 25 feet westerly from the inbound track, there was a small house used as a car checker's office and a waiting room for passengers. This point was known as the Lake Shore junction, and was used as a passenger station for many years, for the purpose of taking on and letting off passengers. All Lake Shore trains stopped at this point, and many of the trains of the D. & M. The outgoing trains would stop at this point, so that the rear car would just pass the north side of Ferry avenue. It was the custom of passengers to enter and leave the outgoing Lake Shore train on the easterly side, from which all signals were given by the conductor to the party in charge of the engine. The plaintiff in this case had been in the employ of the defendant Detroit, Grand Haven & Milwaukee Railroad for a number of years, in different capacities, and for two years prior to the accident had been in charge of the two semaphores and the joint switch at Ferry avenue, working from 6 o'clock a. m. until 6 o'clock p. m., standard time. He was well acquainted with the rules of the company, and knew the custom and manner in which trains were operated by both companies at this point. He lived in the western part of the city, and after quitting work it was his custom to take the 6:30 Lake Shore train to the west side of the city. He testified that he had done this every evening for a period of two years, and during all that time it had been his custom upon the approach of the Lake Shore train, to walk up the inbound track almost to a point opposite the north semaphore, and there take the first passenger car behind the engine, being the second-class coach. This train stopped at this station only long enough to take on and let off passengers, the stop being momentary, and in order to be sure of getting onto the train it was necessary to be at the proper point on the train's arrival. On the 26th day of December, 1896, plaintiff quit work at 6 o'clock, went over to the car checker's office, and waited there until he saw the south semaphore go down. He looked at his watch. It was then 6:30 o'clock, and the Lake Shore train which he wished to take was then due. He went out of the car checker's office, walked about 20 feet towards the inbound track, looked southward down the tracks, and saw a headlight on the outgoing main line, but said he did not see any engine or train south on the incoming main line. He then walked over onto the westerly or inbound track, and started towards the north semaphore, the point where he usually entered the Lake Shore train. While he was walking along this track, and had proceeded a distance of about 100 feet up the track, a switch engine came up northerly on the inbound track, and without blowing any whistle or ringing any bell ran over the plaintiff, severing both legs. There were about three or four inches of snow on the ground, the atmosphere was practically clear, there was an electric light at the intersection of Ferry avenue and the railroad crossing, and the headlight of the engine which struck him was lighted. The engine which ran over the plaintiff was engine No. 106, owned and operated by the Detroit, Grand Haven & Milwaukee Railroad Company. This engine had been at work on the siding to the west of the inbound track, and south of the telegraph station, for 10 or 12 hours during that day. At some point south of the telegraph office this engine ran in upon the inbound track and started northward towards the D. & M. junction, which is beyond the Lake Shore junction. This engine came out the inbound track at a speed, according to one of the witnesses, of about 12...
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