Burden v. Lake Shore & Michigan Southern Railway Co.

Michigan Supreme Court

Burden v. Lake Shore & Michigan Southern Railway Co.

62 N.W. 173, 104 Mich. 101, 1895 Mich. LEXIS 681

CourtMichigan Supreme Court

DecidedFebruary 12, 1895

StatusPublished

Cited by1 cases

This text of 62 N.W. 173 (Burden v. Lake Shore & Michigan Southern Railway Co.) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burden v. Lake Shore & Michigan Southern Railway Co., 62 N.W. 173, 104 Mich. 101, 1895 Mich. LEXIS 681 (Mich. 1895).

Pincite

Opinion

Hooker, J.

Plaintiff's intestate, a youth of 18 years-, of age, and a companion somewhat younger, were detected riding upon the rear steps of the defendant's passenger-train, by the conductor, who told them to come in the-car, lest they be jerked from the train and injured. On being asked where they were going, they replied, " To the next station.'' They refused to pay fare, saying they had but three cents. According to some of the testimony, the* conductor then said that he would take them to Adrian,, a distance of three or four stations, and turn them over to an officer, and then left them to see if any more .boys, were on the train; whereupon the boys mentioned had a. conversation together, and went upon the rear platform again, and the plaintiff's intestate jumped from the train, and was killed, although his companion advised him not to do so, to which he replied that he could do it.

This was an act so palpably reckless as to be inexcusable.. Nor can the statement of the conductor be said to have-been the’ proximate cause of the injury to the deceased. The circuit court was right in directing a verdict for the-defendant.

The judgment will be affirmed.

Long, Grant, and Montgomery, JJ., concurred. Mc-Grath, C. J., did not sit.

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Hooker, J.

Plaintiff's intestate, a youth of 18 years-, of age, and a companion somewhat younger, were detected riding upon the rear steps of the defendant's passenger-train, by the conductor, who told them to come in the-car, lest they be jerked from the train and injured. On being asked where they were going, they replied, " To the next station.'' They refused to pay fare, saying they had but three cents. According to some of the testimony, the* conductor then said that he would take them to Adrian,, a distance of three or four stations, and turn them over to an officer, and then left them to see if any more .boys, were on the train; whereupon the boys mentioned had a. conversation together, and went upon the rear platform again, and the plaintiff's intestate jumped from the train, and was killed, although his companion advised him not to do so, to which he replied that he could do it.

This was an act so palpably reckless as to be inexcusable.. Nor can the statement of the conductor be said to have-been the’ proximate cause of the injury to the deceased. The circuit court was right in directing a verdict for the-defendant.

The judgment will be affirmed.

Long, Grant, and Montgomery, JJ., concurred. Mc-Grath, C. J., did not sit.

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Bluebook (online)

62 N.W. 173, 104 Mich. 101, 1895 Mich. LEXIS 681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burden-v-lake-shore-michigan-southern-railway-co-mich-1895.

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