Smalley v. Detroit & Mackinac Railway Co.
Michigan Supreme Court
Error to Bay; Shepard, J. Case by Juna E. Smalley against the Detroit & Mackinac Railway Company for personal injuries. From a judgment for plaintiff, defendant brings error. On Sunday, August 25, 1901, defendant ran an excursion train from Bay City to Alpena. Plaintiff was a passenger on the return trip from Alpena, and designed to alight from the train at Pinconning, where she resided. The train was composed of an engine and ten cars.
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Error to Bay; Shepard, J. Case by Juna E. Smalley against the Detroit & Mackinac Railway Company for personal injuries. From a judgment for plaintiff, defendant brings error. On Sunday, August 25, 1901, defendant ran an excursion train from Bay City to Alpena. Plaintiff was a passenger on the return trip from Alpena, and designed to alight from the train at Pinconning, where she resided. The train was composed of an engine and ten cars. There was a double train crew, consisting of one conductor and an assistant, two brakemen, and a baggageman, who had no baggage to handle, and assisted in the…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The negligence alleged is the failure to stop the train a reasonable length of time for her to alight, and the sudden stoppage of the train without notice or warning, or giving her sufficient time to re-enter the car. It is admitted that no warning was given, but it is insisted that she knew of the danger, and was herself negligent in not re-entering the car, or taking reasonable precautions to protect herself.
The conflict of testimony upon the length of time the train stopped rendered the question a proper one to submit to a jury. Every passenger is entitled to…
2Cases cited1 opinion
- Strand v. Chicago & West Michigan Railway Co.Michigan Supreme Court · 1887
3Cited by10 opinions
- Bouma v. DuboisMichigan Supreme Court · 1912
- Selman v. City of DetroitMichigan Supreme Court · 1938
- Swan v. GregoryMichigan Supreme Court · 1917
- Hazen v. Bay City Traction & Electric Co.Michigan Supreme Court · 1908
- Landis v. City of DetroitMichigan Supreme Court · 1939
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