Baldwin v. Grand Trunk Railway Co.
Michigan Supreme Court
Error to Macomb; Tucker, J. Case by Fred 0. Baldwin against the Grand Trunk Railway Company of Canada for personal injuries. From a judgment for plaintiff, defendant brings error. No objection is made to the statement in appellant’s brief. That statement is as follows: “The plaintiff claims that on the night of July 2, 1897, he went to the defendant’s station agent at New Haven, in the county of Macomb, to inquire of the agent whether he could go to Mt.
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Error to Macomb; Tucker, J. Case by Fred 0. Baldwin against the Grand Trunk Railway Company of Canada for personal injuries. From a judgment for plaintiff, defendant brings error. No objection is made to the statement in appellant’s brief. That statement is as follows: “The plaintiff claims that on the night of July 2, 1897, he went to the defendant’s station agent at New Haven, in the county of Macomb, to inquire of the agent whether he could go to Mt. Clemens, and return that evening on No. 4, the midnight train, which was not scheduled to stop at New Haven. The plaintiff knew that said…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The appellant moved for a new trial on the ground that the verdict was contrary to the evidence. The court refused to grant it, and appellant duly excepted. While it is unpleasant to an appellate court to review the action of the court below in refusing to grant a new trial for the reason alleged, yet the statute imposes the responsibility, which we cannot evade. The plaintiff’s case is based upon his own testimony alone. No one saw him fall. He made no complaint for over two years, but waited until the station agent had removed from the State; until, in the due…
2Cases cited2 opinions
- Schmeltzer v. St. Paul City Railway Co.Supreme Court of Minnesota · 1900
- Brown v. Paterson Parchment Paper Co.Supreme Court of New Jersey · 1900
3Cited by8 opinions
- Hintz v. Michigan Central RailroadMichigan Supreme Court · 1903
- People v. SpencerMichigan Supreme Court · 1917
- Line v. Grand Rapids & Indiana Railway Co.Michigan Supreme Court · 1906
- Ollenbrook v. BertlingMichigan Supreme Court · 1920
- Bosek v. Detroit United RailwayMichigan Supreme Court · 1913
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