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Negligence-Duty Of Care-Pedestrian Crossing Between Cars Of A Train, Joseph M. Kortenhof

Michigan Law Review

While attempting passage between cars of a train which was obstructing a public crossing in violation of a statutory time limit, plaintiff was severely injured when the train was set into motion without warning. Plaintiff testified that he did not see the engine of the train since it was at the end of a long string of cars. The trial court excluded plaintiff's evidence that for thirty years it has been the custom of the town's inhabitants to cross between the cars of a train which was blocking a public crossing. Upon completion of plaintiff's case, the trial court sustained …