Wudlick v. Chicago & Northwestern Railway Co.
Michigan Supreme Court
Error to Gogebic; Cooper, J. Case by Vinco Wudlick against the Chicago & Northwestern Railway Company for personal injuries. Judgment for defendant on a directed verdict. Plaintiff brings error. The plaintiff in this case, a man 51 years of age, had been employed by the defendant railway company as a section hand for nine months prior to the time he received the injury which constitutes the basis. of this action.
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Error to Gogebic; Cooper, J. Case by Vinco Wudlick against the Chicago & Northwestern Railway Company for personal injuries. Judgment for defendant on a directed verdict. Plaintiff brings error. The plaintiff in this case, a man 51 years of age, had been employed by the defendant railway company as a section hand for nine months prior to the time he received the injury which constitutes the basis. of this action. Prior to his employment by the defendant he had worked for about two years in the woods. He was injured on the 11th day of October, 1916, under the following circumstances: The…
1Opinion of the CourtBrooke, J.
(after stating the facts). Plaintiff himself testified:
“We left our tools between the shovel and the railroad cars 35 feet away from the shovel to the north.”
Frank Malko, one of the three men who accompanied him at the time he was hurt, testified:
“We left our tools at the place we was working, about 300 feet or maybe more from the steam shovel.”
Plaintiff as well as other witnesses sworn in his behalf testified that there were other ways in which they could reach the point where their tools lay in *694perfect safety. Whether the tools were lying at a point 35 feet from the shovel or 300 feet…
2Cases cited2 opinions
- Lydman v. De HaasMichigan Supreme Court · 1915
- Miller v. Michigan Central RailroadMichigan Supreme Court · 1915
3Cited by1 opinion
- Horn v. Parke, Davis & Co.Michigan Supreme Court · 1921