Legal Opinion

De Cair v. Manistee & Grand Rapids Railroad

Michigan Supreme Court

Decided June 30, 1903No. Docket No. 95; Docket No. 37PublishedCited by 6 opinions

Error to Manistee; McAlvay, J. Case by Frank De Cair against the Manistee & Grand Rapids Railroad Company for personal injuries. From a judgment for defendant on verdict directed by the court, plaintiff brings error.

1Opinion of the CourtMontgomery, J.

The plaintiff was a brakeman on the defendant’s road on the 1st of February, 1900. He left the service of defendant temporarily, and was away until the 9th. He returned and resumed work on Febru*580ary 10th. In the meantime, and on February 7, 1900, there was a heavy rainfall, causing a washout in the yard of defendant company at Filer City. On the morning of February 8th, the superintendent of defendant company caused .a ditch to be constructed across its main track, from the west side to the east side, about 18 inches wide and 12 inches deep. Some four days later the ditch was filled with snow,…

2Cases cited15 opinions

  1. Hunn v. Michigan Central RailroadMichigan Supreme Court · 1889
  2. Hollenbeck v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1897
  3. Ashman v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1892
  4. Chicago & Alton Railroad v. MaroneyIllinois Supreme Court · 1897
  5. Sweet v. Michigan Central RailroadMichigan Supreme Court · 1891

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3Cited by6 opinions

  1. Tibbitts v. Mason City & Ft. Dodge R. R.Supreme Court of Iowa · 1908
  2. Hamilton v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1910
  3. Parker v. Union Station Ass'nMichigan Supreme Court · 1908
  4. Gillespie v. Grand Trunk Railway Co.Michigan Supreme Court · 1907
  5. Nelson v. Michigan Tanning & Extract Co.Michigan Supreme Court · 1915

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