Wood v. Lake Shore & M.S.R. Co.

• Decision Date: 31 October 1882
• Citation: 13 N.W. 779,49 Mich. 370
• Parties: WOOD v. LAKE SHORE & M.S. RY. CO.
• Court: Michigan Supreme Court

13 N.W. 779

49 Mich. 370

WOOD v. LAKE SHORE & M.S. RY. CO.

Supreme Court of Michigan

October 31, 1882

Where a bill of exceptions does not purport to give the evidence in full or its substance it is presumed on error that there was evidence to justify the rulings.

A railway passenger, after the name of the station was called went to the platform while the train was slacking up, and asked the conductor if it would stop there for water. The conductor said it would. The passenger then got upon the lower step of the platform, and when the train stopped at the usual landing place tried to step off. But immediately and without any notice or signal the train started with a jerk and drew up at the water tank, a few feet further on throwing the passenger to the ground and severely injuring him. Held that he had a right of action against the railway company.

A passenger's negligence in going to the platform of a car while it is still moving does not affect his right to recover for an injury suffered in properly alighting after the train has stopped.

Error to supreme court of Detroit.

E.T. Wood, for plaintiff.

Ashley Pond, for defendant and appellant.

MARSTON, J.

The defendant requested the court to charge the jury that the plaintiff was not entitled to recover and their verdict must therefore be for the defendant. The court refused to so charge and this is alleged as error. The bill of exceptions does not purport to give all the evidence or even the substance thereof; the presumption therefore would be that the evidence justified the rulings. There is however sufficient evidence set forth in the record to show that the defendant was not entitled to have the request made given. The plaintiff was a passenger upon a train of the defendant and as it approached a small station the name thereof was called in the usual manner. The plaintiff thereupon, as the train slacked up, went onto the forward platform of the car in which he had been riding, and inquired of the conductor if the train would stop at that place for water and was informed that it would, the plaintiff then stepped down onto the lower step, while the cars were still in motion, and when they came to a full stop attempted to step down therefrom onto the platform and while in the act of so doing the cars "started up with a jerk and threw me down." "This was at the usual and customary place for passengers to get off." The train then drew up a few...