109 Mich. 585 | Mich. | 1896
Plaintiff was a motorman in the employ of the Bay Cities Consolidated Railway Company. On April 6, 1893, plaintiff was engaged in running a car along Henry street, in West Bay City. Henry street, at the intersection of Ninth street, is also crossed by the track of the defendant company. When the car reached the crossing, it was struck by the engine of a passing train, and thrown from the track. Plaintiff’s shoulder blade was broken, and he suffered other injuries. He brings this action, claiming that the injury resulted wholly from negligence of defendant’s servants, while he himself was in the exercise of due care. The alleged negligence of the defendant consisted in running the train at a prohibited and high rate of speed, and testimony fairly tended to establish such negligence. There was perhaps a question, also, as to whether the bell was rung, although the testimony on this point was negative in its character. The circuit judge directed a verdict for the defendant, on the ground that the plaintiff was guilty of contributory negligence. This direction raises the sole question in the case which we need consider.
The street-railway track occupied the center of Henry street, which runs in a north and south course. The track of the defendant road runs from the northwest, past Ninth strept, in a general southeast course, curving somewhat to the south. At a point 10 feet from the center of the crossing of the two tracks, a train going northwest could be seen for a distance of 576 feet; from a point 40 feet from the intersection, a train could be seen for a distance of 567 feet; and, at a point 20 feet from the railroad track, a train would be visible for a distance of 570 feet.
“Street-railway companies shall require the drivers of street cars to bring such cars to a full stop before going upon a street-railway crossing of the tracks of a steam railroad, and to make sure that no engine or cars are approching such crossing before he proceeds to go upon the same.”
The circuit judge was right in holding that the plaintiff did not use due precaution.
Judgment affirmed.