Aerkfetz v. Humphreys
Supreme Court of the United States
error to the circuit court of the united states eor the EASTERN DISTRICT OF MICHIGAN. On May 17, 1887, William. Aerkfetz, being under twenty-one years of age, by Frederick Aerkfetz, his next friend, commenced this action in the Circuit Court of the United States for the Eastern District of Michigan against .the defendants in error, receivers duly appointed and in possession of the Wabash Railroad, to recover damages for personal injuries, caused, as alleged, by their…
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error to the circuit court of the united states eor the EASTERN DISTRICT OF MICHIGAN. On May 17, 1887, William. Aerkfetz, being under twenty-one years of age, by Frederick Aerkfetz, his next friend, commenced this action in the Circuit Court of the United States for the Eastern District of Michigan against .the defendants in error, receivers duly appointed and in possession of the Wabash Railroad, to recover damages for personal injuries, caused, as alleged, by their negligence. The defendants answered, and on a trial before a jury the verdict and judgment were for the defendants. To reverse…
1Opinion of the CourtJustice Brewer
Plaintiff was in the employ of the defendants in the yard of the railroad company at Delray, working on one of the tracks therein, and, while so engaged, was run over and injured by a freight car, moved by a switch engine.
The defences presented' were three: First, the receivers were guilty of no negligence; second, even if they were, plaintiff was guilty of contributory negligence; and, third, whatever negligence there was, if any, was that of a fellow-servant. The trial court directed a verdict for the defendants on the ground of contributory negligence.' Much might be said in favor of each…
2Cited by242 opinions
- Tennant v. Peoria & Pekin Union Railway Co.Supreme Court of the United States · 1944
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Toledo, St. Louis & Western Railroad v. AllenSupreme Court of the United States · 1928
- Texas & Pacific Railway Co. v. GentrySupreme Court of the United States · 1896
- Elliott v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1893
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