113 Mich. 122 | Mich. | 1897
Lead Opinion
November 17, 1895, the plaintiff boarded an extra freight train belonging to the defendant, which was not allowed to, and did not, carry passengers, with the intention of stealing a ride. His version of what occurred, briefly stated, is that he was discovered by a brakeman while he was standing on a bumper, holding fast to the ladder which was on the side of a freight car, and was ordered to get off the train while it was going too fast for him to do so with safety. He claims the brakeman threatened to kick him off if he did not go, and started down the ladder as though to put his threat into execution. The plaintiff says that, believing the brakeman meant to do what he had threatened to do, and that it would be safer for him to jump than to remain on the car, he did jump, and received very serious injuries. The plaintiff does not claim the brakeman either struck or
The only way this case differs from the case of Randall v. Railway Co., ante, 115, is that in this case it appears affirmatively that the brakeman did not have the authority to eject trespassers from, extra freight trains unless so directed to do by his superiors, while in the Randall Case that fact did not appear affirmatively. The opinion in Randall v. Railway Co. discusses so fully the principles of law involved in this case that it is not necessary to repeat them here.^
The judgment is. reversed, and no new trial ordered.
Dissenting Opinion
(dissenting). My views upon the main question involved in this case are sufficiently expressed in Randall v. Railway Co., ante, 120.