Fluhrer v. Lake Shore & Michigan Southern Railway Co.
Michigan Supreme Court
Error to Lenawee; Chester, J. Case by Mary Fluhrer, administratrix of the estate of John M. Fluhrer, deceased, against' the Lake Shore & Michigan Southern Railway Company, for negligently causing the death of plaintiff’s intestate. From a judgment for plaintiff, defendant brings error. John M. Fluhrer, deceased, was a brakeman on the defendant’s road between Adrian and Jackson.
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Error to Lenawee; Chester, J. Case by Mary Fluhrer, administratrix of the estate of John M. Fluhrer, deceased, against' the Lake Shore & Michigan Southern Railway Company, for negligently causing the death of plaintiff’s intestate. From a judgment for plaintiff, defendant brings error. John M. Fluhrer, deceased, was a brakeman on the defendant’s road between Adrian and Jackson. He was killed while switching at defendant’s yard at Tecumseh, July 14, 1893, at a highway crossing. The defendant had three tracks at this crossing. The highway was planked between the tracks in the usual manner. Mr.…
1Opinion of the CourtGrant, C. J.
(after stating the facts). Defendant requested the court to direct a verdict for it, and this request presents the first assignment of error.
1. It is urged that there is no proof that the decedent’s foot was caught in the crack. The shoe was produced in evidence, made an exhibit, and returned to this court. It shows that in some manner it was run over by the wheel. Plaintiff gave testimony, from persons who were a short distance away, and reached the place of the accident within a few moments, that the shoe was found in the crack-The defendant gave evidence, from the engineer, conductor, and…
2Cases cited8 opinions
- Hunn v. Michigan Central RailroadMichigan Supreme Court · 1889
- Staal v. Grand Rapids & Indiana RailroadMichigan Supreme Court · 1885
- Ragon v. Toledo, Ann Arbor & North Michigan Railway Co.Michigan Supreme Court · 1893
- Nelson v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1895
- Retan v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Jones v. Pere Marquette RailroadMichigan Supreme Court · 1911
- Howe v. Michigan Central RailroadMichigan Supreme Court · 1926
- Kaukola v. Oliver Iron Mining Co.Michigan Supreme Court · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. CarawaySupreme Court of Arkansas · 1906
- Grand Rapids Bedding Co. v. Grand Rapids Furniture Temple Co.Michigan Supreme Court · 1922
11 more not listed; retrieve them via the Exa API.