101 Mich. 437 | Mich. | 1894
The defendant has a depot separated from a part of the business portion of the village of Seney by its tracks. Seney is a village of but á few hundred in-, habitants, in the county of Schoolcraft, — a county which is but sparsely inhabited. The action is brought by plaintiff, who attempted to cross the tracks of defendant, and, stumbling over one rail, fell, and was injured upon another. He bases his claim for damages upon the alleged duty upon the part of defendant to lay plank between and by the sides of the rails of its tracks. The cause is here upon demurrer, and the only question is whether the declaration states a cause of action.
The declaration states that defendant possessed and controlled a public railroad station, and at said station the main and side tracks in question, “across which said side tracks and main track, at the point where said plaintiff was injured, * * * all persons lawfully being at said station, and having occasion to go thence to the principal business portion of the village of Seney, or therefrom
It will be noticed from the above extracts, which constitute substantially the important averments of the declaration, that, at the point where plaintiff was injured, that portion of the j)ublic having occasion to go to and from the station, and a part of the business portion of Seney, were accustomed and authorized to go. There is nothing in this allegation to show that the defendant ever
It is true, as contended by counsel, that a declaration is not required to set up the evidence by which the cause of •action is to be proved, but an action upon the case does require a specific and unequivocal statement of the essential facts constituting the cause of action. We must conclude ‘that the pleader did not state that the defendant had provided this place as one of ingress and egress because it had not done so; that he failed to state that the plaintiff was invited to enter and cross at that point because it would not have been a true statement; that he did not •state that it was the usual way for the public to enter .and leave such premises because it was not, but, as he •says, only of those who had occasion to go to and come from the principal part of the business portion of Seney.
The judgment should be affirmed.