49 Mich. 370 | Mich. | 1882
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 on to 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 on to the lower step, while the cars were still in motion, and when they came to a full stop attempted to step down feherefrom on to the platform, and while in the act of so doing the cars “ started up with a jerk and threw me down.” M This was at the usual and customary place for passengers to get off.” The train then drew up a few feet to the water-tank and again stopped. No notice or signal was given that the cars were about to move up to the tank.
It is claimed that it was negligence on the part of the plaintiff in going on to and standing upon the car platform and steps while the car was in motion. This may be true and might have prevented a recovery had the plaintiff been injured while standing there before the train stopped. Such however was not the fact, and his standing there neither caused nor contributed to the injury, other than by enabling
The judgment should be affirmed with costs.