Salabrin v. Ann Arbor Railroad
Michigan Supreme Court
Error to Monroe; Gilday, J. Case by Joseph Salabrin against the Ann Arbor Railroad Company for personal injuries. Judgment •for plaintiff. Defendant brings error. On October 7, 1914, the plaintiff was a member of a repair gang in the employ of the defendant railroad company. This gang was on that day engaged in resurfacing track between Dundee and Lulu, two stations on the defendant’s railroad, lying south of Ann Arbor.
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Error to Monroe; Gilday, J. Case by Joseph Salabrin against the Ann Arbor Railroad Company for personal injuries. Judgment •for plaintiff. Defendant brings error. On October 7, 1914, the plaintiff was a member of a repair gang in the employ of the defendant railroad company. This gang was on that day engaged in resurfacing track between Dundee and Lulu, two stations on the defendant’s railroad, lying south of Ann Arbor. The gang lived and slept in a car provided for that purpose, which on the day in question occupied a side track at Lulu, some three or four miles south of the point where they…
1Opinion of the CourtBrooke, J.
(after stating the facts). 1. Under the charge of the court which presented that question fairly to the jury, we must assume that the jury determined that the plaintiff undertook the journey from the point on the track where he was at work to the village of Dundee at the express command of the fore*463man, and for the purpose of obtaining a “jack.” As no motion was made for a new trial upon the ground that the verdict was against the weight of testimony, that question is now foreclosed, and we must now assume that the plaintiff’s version of the transaction is the truth. On behalf of defendant,…
2Cases cited3 opinions
- Lepard v. Michigan Central RailroadMichigan Supreme Court · 1911
- Holmberg v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1915
- Winnie v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1910
3Cited by5 opinions
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- Milburn v. Chicago, Milwaukee, St. Paul & Pacific RailroadSupreme Court of Missouri · 1932
- Great Southern Lumber Co. v. HamiltonMississippi Supreme Court · 1924
- Holliday v. Merchants & Miners Transportation Co.Supreme Court of Georgia · 1926
- Goldwater v. Metro-North Commuter RailroadDistrict Court, S.D. New York · 1995