Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-02-06
Law Court Decides
Two Railroad Cases

The clerk of courts for PenobScol
county has received three rgscrlpts
from the law court. Two are III relation
TO damage suits brought against the
Maine Central railroad. One originates
in Lincoln and the other in Hancock
county. In the former the road wins
a victory. but in the other the plain
tiff's motion for q now trial IS granted.
7 he resoripts are given below
Franklin ". Sherman, plaintiff, IS.
Maine Central Railroad Co. defendant.
Haley ]. This is an action on the
case, in which the plaintiff seeks To
recover damages for injuries sustained
by him. at defendants station at Wis
casset, by reason of the alleged nesli-
gence of the defendant. AT the close
of the testimony the presiding justice
ordered a nonsuit, and the case comes
before this court on exceptions TO that
ruling.
October 90, 1907. the plaintiff, who
had recently moved to Wiscasset. at
tended an evening session of the courf
at that place. The court adjourned
before the arrival OF the evening tram,
which was due to arrive at I.15 L. Nj,
and which was the last passenger
train that night. The plaintiff, after
leaving the court room. heard the tram
whistle, and thought he would go 10
the railroad station, and ascertain II
certain goods, that the lady who en-
pIoyed him was expecting by freight.
had arrived 1t was dark, nasty
night. The plaintiff saw the train over
the Main street crossing when he was
from n third TO a quarter of q miie,
the way he was travelling, from the
railroad station.
NAt that time the train WAS S34 rect
from the station. The plaintiff passed
dawncthe sidewalk on Main street.
TUNED and walked up Water street TO-
ward the station to a cross street leaa-
irr to the station, then down the cross
street To the railroad station. While on
tl,e cross street he was on the side OF
a hin. and the railroad buildings We're
directly in front of him. There were no
lights in the station; the plaintiff testi-
fled that the station was in utter dark
ness. and the freight Office was closed.
and that he met no teams or people
coming from the station. He APP
preached the station on the side farth-
est from the railroad track, that is on
the back side of the station. The plat
form, orwalk around the station, at the
point where he approached it, was
three feet above the ground. AT the
point where the plaintiff reached the
platform there We're stairs from the
ground to the, platform, and he went
up the stairs on to the platform, walk
ed nearly the length of the building,
or tiit, back side, then went through
the passageway between the waiting
room and the baggage room, then
down in front of the buildings to tn
baggage room door, which was locked,
as were the other doors of the build"
ings. He then turned and walked back
the same way he came, and, when ne
arrived at the point where he thought
the stairs were, he stepped off the plat
form, and fell to the ground and frac-
tured the fibula and the internal NAL
ieoIus of his left leg, which are the
injuries for which he claims damages
in this case
II is not questioned but that there
vas an implied Invitation by the de-
PENDANT TO so much of the public as
wished to take its trains. and TO pas
sengcrs leaving its trains, to use the
was it's duty to keep its stations and
approa ches safe for its passengers and
this implied invitation was extended
to friends who wished to visit the sta
ton. to see their friends of, or to well
come them upon their arrival, and 10
persons having business to transact
with the defendant al its stations. The
defendant owed duty to all such per-
sons. hy req son of the implied invita-
ton. But while it VAS the dutv of the
defendant to furnish q reasonably safe
platform and approaches to its station
and TO maintain them in q suitable
condition for the use OF the people
having business TT the station, and
for the use Of passengers, going to and
coming from the station, and its ap-
proaches, SO that they would be safe
after business hours for people who
might go upon them in the expectation
of seeing some one connected with the
railroad, after business hours and after
the station was closed, if they hae
knowledge that the station was CLOSED
for business.
: The putting out OF the Fights after
the departure of the last train for thu