Shall v. Detroit & Mackinac Railway Co.
Michigan Supreme Court
Error to Iosco; Connine, J. Case by Sophia Shall, administratrix of the estate of Alexander Shall, deceased, against the Detroit & Mackinac Railway Company for the negligent killing of plaintiff’s intestate. There was judgment for plaintiff, and defendant brings error.
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Error to Iosco; Connine, J. Case by Sophia Shall, administratrix of the estate of Alexander Shall, deceased, against the Detroit & Mackinac Railway Company for the negligent killing of plaintiff’s intestate. There was judgment for plaintiff, and defendant brings error. The following statement of the case is taken from the defendant’s brief and is conceded by counsel for the plaintiff to be substantially correct: “On the 17th day of April, 1906, Alexander Shall, while employed by the Kilby Manufacturing Co., at East Tawas, Michigan, in assisting in tearing down and dismantling the factory…
1Opinion of the CourtGrant, C. J.
(after stating the facts). Under the above statement, it is clear that there was evidence that Mr. Shall was' working between the two cars and could not be seen by either Grisdale or any of the crew on the train. Some one owed a duty to warn him Of the approach of the train, unless (1) he knew or should have known that the train was approaching on account of the noise that it made; or (2) that it was the custom to back trains in without any warning, and that therefore he assumed the risk.
There was evidence that the deceased and Zolweg were engaged in customary and necessary work, and that…
2Cases cited4 opinions
- Hunn v. Michigan Central RailroadMichigan Supreme Court · 1889
- Spaulding v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1896
- Fitzpatrick v. Michigan Central RailroadMichigan Supreme Court · 1907
- McQuisten v. Detroit Citizens' Street-Railway Co.Michigan Supreme Court · 1907
3Cited by5 opinions
- Hendrickson v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1910
- Felske v. Detroit United RailwayMichigan Supreme Court · 1911
- Buxton v. AinsworthMichigan Supreme Court · 1908
- Jackson v. Detroit & Mackinac Railway Co.Michigan Supreme Court · 1910
- Township of Pinconning v. Detroit & MacKinac Railway Co.Michigan Supreme Court · 1927