Davis v. Detroit & Milwaukee Rail Road
Michigan Supreme Court
Error to Wayne Circuit. This was an action on the case brought by George T. Davis against the ■ Detroit and Milwaukee Railroad Company, for injuries received by him while in the employ of the defendants as “head yardsman” at Detroit, alleged to be occasioned by the incompetency and carelessness of one Joseph Harris, an engine driver, also in the employ of defendants, and Avhose business it was to run a “ pony engine” used for training cars, at the depot in Detroit.
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Error to Wayne Circuit. This was an action on the case brought by George T. Davis against the ■ Detroit and Milwaukee Railroad Company, for injuries received by him while in the employ of the defendants as “head yardsman” at Detroit, alleged to be occasioned by the incompetency and carelessness of one Joseph Harris, an engine driver, also in the employ of defendants, and Avhose business it was to run a “ pony engine” used for training cars, at the depot in Detroit. The declaration contains three counts; each averring that the injury to the plaintiff was occasioned by the incompetency and…
1Opinion of the CourtCooley, J.
This action appears to have been brought by Davis to recover damages of the defendants for an injury, sustained by him while in their employ, in consequence of the.negligence of one Harris, one of their engineers. It does not appear either from the declaration or from the brief on behalf of the plaintiff in this Court, that he contests the general principle which was recognized in Leahy v. the Mich. Cen. R. R. Co., 10 Mich., 199, that the employer is not liable to *115those in his employment for injuries arising from the negligence, misconduct or unskillfulness of fellow servants, where the…
2Cases cited5 opinions
- Hayden v. Smithville Manufacturing Co.Supreme Court of Connecticut · 1861
- Indianapolis & Cincinnati Railroad v. LoveIndiana Supreme Court · 1858
- Thayer v. St. Louis, Alton & Terre Haute R. R.Indiana Supreme Court · 1864
- Michigan Central Railroad v. LeaheyMichigan Supreme Court · 1862
- McMillan v. Saratoga & Washington Rail RoadNew York Supreme Court · 1855
3Cited by75 opinions
- Evansville & Terre Haute Railroad v. DuelIndiana Supreme Court · 1893
- Scripps v. ReillyMichigan Supreme Court · 1878
- Quincy Mining Co. v. KittsMichigan Supreme Court · 1879
- Baltimore Elevator Co. v. NealCourt of Appeals of Maryland · 1886
- Louisville, New Albany & Chicago Railway Co. v. SandfordIndiana Supreme Court · 1889
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