Werbowlsky v. Fort Wayne & E. Ry. Co.

• Decision Date: 05 June 1891
• Citation: 86 Mich. 236,48 N.W. 1097
• Parties: WERBOWLSKY v. FT. WAYNE & E. RY. CO.
• Court: Michigan Supreme Court

48 N.W. 1097

86 Mich. 236

WERBOWLSKY v. FT. WAYNE & E. RY. CO.

Supreme Court of Michigan

June 5, 1891

Error to circuit court, Wayne county; GEORGE S. HOSMER, Judge.

Edwin F. Conely, for appellant.

W I. Robinson, for appellee.

MCGRATH, J.

This is an action on the case to recover damages for injuries which plaintiff claims to have suffered while a passenger on one of the defendant's streetcars, through the defendant's negligence. Plaintiff recovered in the court below, and the defendant appeals. Plaintiff was a passenger on one of defendant's cars, and claims that, having signaled the conductor to stop the car, and after the car had stopped, the plaintiff undertook to alight, when the car started suddenly and threw him to the ground; that in falling his foot caught in a hole in the step, and he was dragged some distance. Defendant denies this story, and insists that plaintiff undertook to get off when the car was in motion. The car was an open car, with seats running cross-wise of the car, and with a foot-board about eight or ten inches wide. The foot-board is about six or eight inches below the floor of the car. On the inside edge of this foot-board is a shoe, or riser, about three or four inches high. The box or bed of the car rests upon the outer ends of the axles, upon heavy spiral springs, which are about six inches in length, the upper ends of which are attached to the car, and the lower ends are affixed to castings into which the axles run. The shape of the upper surface of these castings is as follows: The springs occupy positions marked " a, a." On each side of the car there are two openings in the risers opposite the wheels. The face of the risers is flush with the outside edge of the car-bed, and the springs come out flush with the face of the risers. The face of the wheels is six or eight inches from the inside edge of the step or foot-board. There are, therefore, two openings in the risers, between the springs on each side of the car, which are each about twelve inches long and about six or eight inches deep between the car-bed and the lower surface of the castings. The foot-board is generally about even with the lower surface of the castings. It would be almost impossible for a passenger in entering or alighting from a car to put his foot into this opening in such a way as to injure it, or admit of its being caught, although it may be possible that one falling from the foot-board might get his foot caught therein. There was no testimony offered upon the trial tending to...