Carlson v. Cincinnati, Saginaw & Mackinaw Railroad
Michigan Supreme Court
Error to Bay; Maxwell, J. Case by John Carlson against the Cincinnati, Saginaw & Mackinaw Railroad Company for personal injuries. From a judgment for plaintiff, defendant brings error. Plaintiff had been in the employ of the defendant as a section hand in its yards at West Bay City for about five years. One of his duties was to clean the tracks at the highway crossings, one of which was at Main street.
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Error to Bay; Maxwell, J. Case by John Carlson against the Cincinnati, Saginaw & Mackinaw Railroad Company for personal injuries. From a judgment for plaintiff, defendant brings error. Plaintiff had been in the employ of the defendant as a section hand in its yards at West Bay City for about five years. One of his duties was to clean the tracks at the highway crossings, one of which was at Main street. Defendant has four tracks across this street, and the Michigan Central Railroad three. While plaintiff was at work picking out the dirt between the planking and the rails, a switch engine…
1Opinion of the CourtGrant, C. J.
(after stating the facts). The only ground of negligence upon which plaintiff could recover was that submitted to the jury, viz., the failure to have an employé stand upon the footboard of the tender to warn him. The object of the rule requiring an employé to be upon the footboard when backing across public highways is for the protection of the public, and not of the employés of the company. Rohback v. Pacific Railroad, 43 Mo. 187. There was no more danger to the plaintiff in working upon this crossing than there was at any other part of the tracks in the yard outside the highway. There is no…
2Cases cited6 opinions
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
- Keefe v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1894
- Rohback v. Pacific RailroadSupreme Court of Missouri · 1869
- Lynch v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1893
- Daly v. Detroit Citizens' Street Railway Co.Michigan Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Dyerson v. Union Pacific RailroadSupreme Court of Kansas · 1906
- Connelley v. Pennsylvania R.Court of Appeals for the Third Circuit · 1912
- Morris v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1903
- Norfolk & W. Ry. Co. v. GesswineCourt of Appeals for the Sixth Circuit · 1906
- Land v. St. Louis & San Francisco RailroadSupreme Court of Kansas · 1915
12 more not listed; retrieve them via the Exa API.