Stoody v. Detroit, Grand Rapids & Western Railway Co.
Michigan Supreme Court
Error to Gratiot; Daboll, J. Case by Jacob W. Stoody against the Detroit, Grand Rapids & Western Railway Company for personal injuries. From a judgment for defendant on verdict directed by the court, plaintiff brings error. Plaintiff took passage at St. Louis, Mich., on one of the defendant’s trains, consisting of 20 or 25 cars and a caboose. It was what is called a “mixed train,” carrying both passengers and freight.
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Error to Gratiot; Daboll, J. Case by Jacob W. Stoody against the Detroit, Grand Rapids & Western Railway Company for personal injuries. From a judgment for defendant on verdict directed by the court, plaintiff brings error. Plaintiff took passage at St. Louis, Mich., on one of the defendant’s trains, consisting of 20 or 25 cars and a caboose. It was what is called a “mixed train,” carrying both passengers and freight. When plaintiff entered the caboose it was detached, and stood about 15 rods from the depot, and the rest of the train was backing up to it. As plaintiff was about to board the…
1Opinion of the CourtGrant, J.
(after stating the facts). Plaintiff was a passenger, invited to ride in the defendant’s car, and entering at the time and place with the knowledge and assent *422of the defendant. He was not guilty of contributory negligence in entering the car and taking a seat, although the rest of the train was then backing towards it. The law governing the rights of passengers riding upon freight trains, and the duties of railroads in carrying them, is stated in Moore v. Railroad Co., 115 Mich. 103 (72 N. W. 1112), and the authorities there cited. The contract of defendant was to carry plaintiff with the…
2Cases cited5 opinions
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- White v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1887
- Memphis & Ohio River Packet Co. v. McCoolIndiana Supreme Court · 1882
- Moore v. Saginaw, Tuscola & Huron RailroadMichigan Supreme Court · 1897
- Wilson v. Brooklyn Elevated RailroadNew York City Court · 1890
3Cited by10 opinions
- Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Sewell v. Detroit United RailwayMichigan Supreme Court · 1909
- Norfolk & Western Railway Co. v. RhodesSupreme Court of Virginia · 1909
- Congdon v. Detroit, Jackson & Chicago Railway Co.Michigan Supreme Court · 1914
- Thurston v. Detroit United RailwayMichigan Supreme Court · 1904
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