White v. Township of Riley

71 N.W. 502, 113 Mich. 295, 1897 Mich. LEXIS 772
CourtMichigan Supreme Court
DecidedMay 28, 1897
StatusPublished
Cited by6 cases

This text of 71 N.W. 502 (White v. Township of Riley) 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
White v. Township of Riley, 71 N.W. 502, 113 Mich. 295, 1897 Mich. LEXIS 772 (Mich. 1897).

Opinion

Long, C. J.

This action is for personal injuries, claimed to have arisen by the neglect of the defendant township. On the evening of January 23,1894, plaintiff, with her husband, was riding in a two-wheeled cart, drawn by one horse, and attempted to cross what is called “Belle River Bridge.” This bridge was 62 feet long, 16 feet wide, and about 10 feet above the water. The approach at the west end, where the accident occurred, is 16 feet wide, with wings or retaining walls extending [296]*296westerly 12 feet and 6 inches, and widening westward to about 20 feet. The wing on the north side is from 6 to 7 feet above the water of the river, which comes close to the wall. The traveled part of the road at the west end of the bridge was 11 feet wide, and somewhat higher than the wall, with a slope to the wall. These retaining walls have no railings, or barriers. The bridge had a substantial railing reaching to each approach. Across the whole bridge there were cracks between the planks, through which the river could be seen; and about 17 feet east of the .west end of the bridge there was one crack H to 2 inches wide in the center, and other smaller cracks near by. The bridge had been in this condition some 15 years. On the evening in question, when the plaintiff and her husband reached the bridge, it was snowing and blowing. Some two or more inches of snow had fallen, and the action of the wind had the effect of blowing the fallen snow back each way from the cracks at the west end of the bridge,, causing them to appear much wider than they really were, — some of - the witnesses say, as wide as the hand, — and leaving a dark-colored plank bare for an inch or more on each side. When the plaintiff had driven onto the west end of the bridge about the length of the horse and cart, the horse became frightened, backed off the bridge, swung around, and backed off the approach; the horse, cart, plaintiff, and her husband all going over. This action is brought to recover for the injuries so received. On the trial the court below directed verdict in favor of defendant.

The plaintiff claims:

1. That the defendant was negligent in allowing cracks in the floor of the bridge.
2. That the defendant was negligent in not constructing barriers on the retaining walls forming a part of the approach.

It is claimed that the horse became frightened at the crack in the bridge, and, by reason of no barriers being erected on the approach, the horse backed off, and caused the injury.

[297]*297It appears from the testimony of the plaintiff’s husband, who was the only eyewitness to the accident aside from the plaintiff, that the horse was gentle, and the family were accustomed to driving her over the bridge; that the snow on that night had blown up through the crack, and parted, so that it had the appearance of nearly a plank gone; that he had no trouble whatever in driving the horse onto the bridge; that, when he had driven on some 12 or 14 feet, the horse snorted, and began to back up. The witness then stated:

‘ ‘ It had snowed about an inch and a half. It was snowing quite snug. The storm was blowing in her face. It was a regular flurry of a snowstorm, but not what you would call a blizzard. I examined the plank after the accident, and saw the crack, and the black space along the crack where the snow had blown back. Looked about six inches wide, — looked like a hole. The wind blowing up from the river parted the snow each way from the crack. * * * I know it was the wind blowing up through the crack that frightened her, because she snorted. * * *
1 ‘ Q. Then I take it, from what you say, that on account of the storm, the blowing of the snow through the crack, and it looking so much larger than what it was, that the horse got frightened at it ?
“A. Yes, sir.
“Q. Then, if there had been no storm at all, you could have driven over there just as well .that night as any other time that you went over it, could you ?
“A. Likely. ‘
“Q. You never had any trouble?
“A. No; of course.
“Q. But if it hadn’t been snowing at all, and blowing that way, you think you could have gone along just as safe as you ever did ? .
“A. Likely. * * *
“Q. You say the snow blowing and the bluster, and leaving a dark streak each side of the crack, scared your horse ?
“A. Yes, sir.”

Other witnesses were called, who testified that the snow had blown away from the crack on each side, leaving a [298]*298dark streak on each edge of the plank. This testimony is wholly uncontradicted.

It is argued by counsel for defendant from this testimony that the changed appearance of the bridge, caused by the wind and snow, was the proximate cause of the injury; and that the township cannot be held liable for the action of the wind and snow. The court below stated,, in directing the verdict for defendant:

“The fright of the horse was, therefore, without the fault of the township, and her backing off the bridge was also without its fault. The horse, having passed safely over the approach and onto the bridge, could not get off the bridge without some intervening cause. This intervening cause was the fright and backing of the horse, for which the township was not responsible. Without this intervening cause the accident could not have happened. It follows that the want of a railing was not the proximate cause of the plaintiff’s injury, and she cannot recover.”

Here was a perfectly gentle and steady horse. Plaintiff’s nusband says he had never seen her frightened before, and that his wife and children had driven her. He had broken her on an engine,' and she would eat oats when the whistle was blown. His wife and children had driven her over this very bridge only the Saturday night before, and she had many times before been driven over it. There had been no change in the bridge. It had been built some 15 years, and had been used in perfect safety for that time by the public, who passed over it daily. It was one of the most frequently-traveled thoroughfares leading to the village of Memphis, in that county.

The first question in the case is whether the neglect to place a barrier along the approach was the proximate cause of the accident. Others, for many years, had passed there safely. The roadbed was wide enough for safe passage, and the testimony shows that this spot had been safely passed by the plaintiff on that night. The township is liable only where the neglect complained of [299]*299was the proximate cause of the injury. If such neglect was the secondary or remote cause, the township is not liable. Beall v. Township of Athens, 81 Mich. 540.

It must, we think, be conceded, under the circumstances here stated, that the want of a barrier was not the proximate cause.

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Cite This Page — Counsel Stack

Bluebook (online)
71 N.W. 502, 113 Mich. 295, 1897 Mich. LEXIS 772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-township-of-riley-mich-1897.