209 F. 10 | 6th Cir. | 1913
Mrs. Jtidge was employed by the Pullman Company as a superintendent of car cleaners, at the Illinois Cen
4. It is next said that the railroad company owed no duty to plaintiff not to couple its cars with unnecessary violence, unless it knew or should have known that she was in a place where unusual danger to her would result, and that the declaration alleges no such knowledge. This criticism, also, would be well founded, if justified by the language of the declaration; ljut it further says, after reciting the circumstances of the injury, that the railroad company “knew that the plaintiff was employed by the Pullman Company, and likely to be working in and about the cars of the Pullman Company.” This allegation is thoroughly inartificial. It does not specially refer to this car at this particular time, and yet, in connection with the whole declaration, it cannot mean anything else. It does not say that the railroad company was familiar with the customs .of the Pullman Company and its employés, and that in the exercise of due care and caution it would have known that Mrs. Judge was entering or was on this car; but this must be what it means in alleging that the railroad company did know she was “likely” to be there. We do not think it was so totally insufficient in stating the existence of a duty as to justify sustaining the' demurrer. We can get little help from the decided cases on this line. Several are brought to our attention where declarations have been held bad for, perhaps, no greater weakness than was here present; but, after all, the essential thing is that sufficient facts shall be stated so that the existence of the duty and the breach may fairly be inferred, and so that the defendant may know what it has to meet. See cases cited in Cyc.
The judgment below will be affirmed as to the Pullman Company and reversed as to the railroad company. Plaintiff in error will recover her costs against the railroad company, and the Pullman Company its costs against the plaintiff.