Brown v. Chicago, Milwaukee & St. Paul Railway Co.

Railroads: Injury to passenger: Contributory negligence: Jumping from train. A passenger on a freight train wished to get off at a station where the train did not usually come to a full stop but merely slowed up to allow passengers to alight. Finding that the train had passed the station and was increasing its speed, he jumped from the platform of the caboose, and was killed. Held, that he was guilty of contributory negligence which would preclude a recovery for his death, even though the railroad company was negligent in the management of the train.

APPEAL from the Circuit Court for Richland County. Action to recover damages for the death of plaintiff’s intestate, Clark E. Brown, on the 15th day of October, 1887, which death - plaintiff claims resulted from the negligent management of defendant’s freight train on which said Brown was a passenger. Brown desired to stop at. a station called “Blue Biver,” and the complaint charges that the defendant’s employees negligently failed to cause the train to stop at Blue Biver long enough for him to alight, and that, they negligently caused the train to be jerked in such a way as to cause him, without negligence on bis part, to be thrown from the car and injured, from the effects of which injuries he died. The defendant pleads contributory negligence. The evidence showed that the deceased boarded the train at Eoscobel, and desirecNo get off at Blue Eiver; that he rode in the caboose with several other passengers; that he had two bundles, and sat down in a corner of the car with his hat pulled down over his eyes, as if dozing or thinking; that the train passed through .Blue Eiver station without stopping, one of the witnesses testifying that there was no change of speed, except that speed was increased when the station was passed to nearly or quite eighteen miles an hour; that the deceased arose from his seat as the train was passing Blue Eiver station, picked up his packages, looked out of the window, and went out of the back door of the caboosethat another passenger followed him to the door “ shortly afterwards,” or “ almost immediately,” and found that he was gone; that it was a little after 6 o’clock n. m. when the train left Boscobel, and was dark as it passed through Blue Eiver; that the train was going east; and that the conductor had been through, the car collecting fares. Upon the following morning the deceased was found by section hands in an unconscious condition, lying on a farm crossing, about a quarter of a mile east of Blue Eiver, his body lying parallel with and about three feet from the track, with his head to the east. He remained' unconscious until his death, which took place on the same day and undoubtedly resulted from his injuries. About eight feet west of the crossing two foot marks or tracks were found in the sand, close together, parallel with the rail and two and one half or three feet distant therefrom, sunk two or three inches into the sand, and pointing eastward. The bundles of the deceased were found forty-five to forty-eight feet west of the body on the same side of the track, and seven or eight feet from the rail. There was no evidence of any unusual movement of the train after it passed Blue River, save the gradual increase of speed. There was evidence tending to show that it was customary for this train to slow up while passing through Blue River station, for the purpose of allowing male passengers to alight, and when they had alighted to go on. • again without having come to a full stop. At the close of the testimony the circuit court granted a nonsuit on the ground of contributory negligence on the part of the deceased, and the plaintiff appeals.