Gerlach v. Detroit United Railway
Michigan Supreme Court
Error to Wayne; Hosmer, J. Case by Edward EL Gerlach against the Detroit United Railway for personal injuries. Judgment for plaintiff. Defendant brings error. Plaintiff, a man weighing upwards of 200 pounds, was injured while attempting to. alight from one of defendant’s cars.
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Error to Wayne; Hosmer, J. Case by Edward EL Gerlach against the Detroit United Railway for personal injuries. Judgment for plaintiff. Defendant brings error. Plaintiff, a man weighing upwards of 200 pounds, was injured while attempting to. alight from one of defendant’s cars. As the car was coming to a stop in response to his signal, plaintiff stepped toward the edge of the front vestibule, took hold of the handhold with one hand, and, when the car stopped or was just about stopping, he was thrown with considerable violence to the pavement by reason of the fact that. the two metal brackets…
1Opinion of the CourtBrooke, J.
(after stating the facts). 1, 2. Referring to the motion, for a directed verdict, we need say no more at this point than that in our opinion the case presented on the part of the plaintiff was clearly one for the jury, under proper instructions.
3. Did the court err in refusing to receive testimony offered on behalf of defendant as to the purpose the handhold was intended to serve, and charging in respect thereto as he did ? We think not. No testimony offered upon that question could have added to the knowledge already in the possession of each of the jurors. The use of the appliance is…
2Cases cited9 opinions
- Barnowsky v. HelsonMichigan Supreme Court · 1891
- Scott v. University of Michigan Athletic Ass'nMichigan Supreme Court · 1908
- Sewell v. Detroit United RailwayMichigan Supreme Court · 1909
- La Fernier v. Soo River Lighter & Wrecking Co.Michigan Supreme Court · 1902
- Howell v. Lansing City Electric Railway Co.Michigan Supreme Court · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lowrey v. Lmps & Lmpj, IncMichigan Court of Appeals · 2015
- Batch v. Helena Light & Railway Co.Montana Supreme Court · 1916
- A. J. Brown & Son, Inc. v. City of Grand RapidsMichigan Supreme Court · 1933