Detroit, Grand Haven & Milwaukee Railway Co. v. Boomer
Michigan Supreme Court
• Error to Wayne; Codd, J. Assumpsit by the Detroit, Grand Haven & Milwaukee Railway Company against Isaac Boomer for the amount of a judgment and costs. Judgment for defendant on a directed verdict. Plaintiff brings error. This suit was brought against the defendant to recover the amount of a judgment, costs, and interest, amounting to the sum of $1,717.46, paid by the plaintiff as the result of a suit brought by one Casimir Glappa against it.
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• Error to Wayne; Codd, J. Assumpsit by the Detroit, Grand Haven & Milwaukee Railway Company against Isaac Boomer for the amount of a judgment and costs. Judgment for defendant on a directed verdict. Plaintiff brings error. This suit was brought against the defendant to recover the amount of a judgment, costs, and interest, amounting to the sum of $1,717.46, paid by the plaintiff as the result of a suit brought by one Casimir Glappa against it. See Glappa v. Railroad Co., 179 Mich. 76 (146 N. W. 134). It appears that the defendant is engaged in the builders’ supply business, having his yard…
1Opinion of the CourtKuhn, J.
(after stating the facts). In the case determining the liability of the plaintiff at the suit of Glappa, it was contended by the railroad company that there was no negligence shown on its part. Mr. Justice Brooke, in writing the opinion of this court, in discussing this question, said:
“It does not, however, therefore necessarily follow that the defendant railway was free from negligence. The mere presence of the sand upon the track was no menace to the plaintiff. If the cars had not been moved, the plaintiff would not have been injured. It e was the alleged negligent movement of the cars…
2Cases cited1 opinion
- Township of Hart v. NoretMichigan Supreme Court · 1916
3Cited by23 opinions
- Gulf, Mobile & Ohio Railroad v. Arthur Dixon Transfer Co.Appellate Court of Illinois · 1951
- Moyses v. Spartan Asphalt Paving Co.Michigan Supreme Court · 1970
- Mayer v. FAIRLAWN JEWISH CENTER AND RANDALL CONSTRUCTION CO., INC.Supreme Court of New Jersey · 1962
- Minster MacHine Co. v. Diamond Stamping Co.Michigan Court of Appeals · 1976
- Village of Portland v. Citizens Telephone Co.Michigan Supreme Court · 1919
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