State v. Maine Cent. R. Co.

• Decision Date: 10 December 1888
• Parties: STATE v. MAINE CENT. R. CO.
• Court: Maine Supreme Court

16 A. 368

81 Me. 84

STATE

v. MAINE CENT. R. CO.

Supreme Judicial Court of Maine.

December 10, 1888.

Report from supreme judicial court, Franklin county.

Indictment against the Maine Central Railroad Company for negligently causing the death of Lawrence J. Garcelon. On motion of defendant's, at the close of the state's evidence, a nonsuit was ordered, with the stipulation that, if the law court were of the opinion that the evidence was sufficient to warrant a verdict for the state, the case should be sent back for trial.

F. E. Timberlake, Co. Atty., (E. O. Greenleaf, of counsel,) for the State. Frye, Cotton & White, for defendant.

PETERS, C. J. The defendant is indicted for causing the death of Lawrence J. Garcelon by its negligence. The alleged negligence is that a saloon car was attached to a train of passenger cars in such a manner that a space was left between the saloon car and the ear in front of it, through which the deceased fell. He was a passenger on an excursion train returning from Old Orchard to Farmington, and was last seen at the station of Livermore Falls, by another passenger, who says he saw him at that station getting on the train just as it was put in motion. Other passengers saw him before reaching Livermore Falls, passing through a car in the direction of the rear of the train, about midway of the train. Nothing more was seen or heard of him until his dead body was discovered on the track by section-men on the next morning. There was nothing said or done by him indicating any purpose of going to the rear of the train. There was no necessity for his going there. There were vacant seats in the passenger cars. The night was dark, and the train was moving rapidly between stations. His body was found about four miles from Livermore Falls station, and on the homeward side of still another station which had been touched by the train, on the track, about midway between the rails, at a point in the road where there is quite a sharp curve, lying on his back, with his legs drawn up, and his left arm crushed above the elbow joint. There was no fracture of his skull, but there was a scalp wound on the back of his head, and there were bruises on his left side, and his clothing was badly torn.

The plaintiff contends that it is inferentially and circumstantially proved that the death was caused by the deceased falling between the saloon and a passenger car, the space between the two being, by the estimation of witnesses, about one foot and...