Kendrick v. Towle
Michigan Supreme Court
Error to Ionia. (Smith, J.) Case. Defendant brings error. The facts are stated in the opinion. A declaration for negligent injury must aver thefaot and manner of negligence, and plaintiff should be confined to what is set forth in his declaration.
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Error to Ionia. (Smith, J.) Case. Defendant brings error. The facts are stated in the opinion. A declaration for negligent injury must aver thefaot and manner of negligence, and plaintiff should be confined to what is set forth in his declaration. Reason and good sense, as well as law, compel the plaintiff by his declaration in these cases to inform the defendant and court what the complaint is; and he must not only show that the defendant has been negligent, but in what respect. The matter of negligence to which the injurious consequences are referred must be properly averred: Marq., H. &…
1Opinion of the CourtSherwood, J.
The defendant was the owner and operator of a logging railroad, which extended from Wager's mill, a point on the Detroit, Lansing & Northern Bailroad, in the county of Montcalm, some six miles back in the county, to a tract of pine timber. * The road was the private property of the defendant, built under no charter from the State, and was run and operated as a private enterprise, and used principally for hauling logs. The cars were propelled by a locomotive engine, formerly used on the Wabash Bailroad. It was a Mason standard gauge, and a wood-burner.
*366The engine, in passing over the…
2Cases cited25 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Lincoln v. ClaflinSupreme Court of the United States · 1869
- Fero v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
- Alpern v. ChurchillMichigan Supreme Court · 1884
- Old Colony Railroad v. MillerMassachusetts Supreme Judicial Court · 1878
20 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Fell v. Union Pac. Ry. Co.Utah Supreme Court · 1907
- Richter v. HarperMichigan Supreme Court · 1893
- Machine Co. v. . Tobacco Co.Supreme Court of North Carolina · 1906
- Hasbrouck v. Armour & Co.Wisconsin Supreme Court · 1909
- Banish v. City of HamtramckMichigan Court of Appeals · 1968
16 more not listed; retrieve them via the Exa API.