Lukovski v. Michigan Central Railroad
Michigan Supreme Court
Error to Otsego; Sbárpe, J. Case by John Lukovski against the Michigan Central Railroad Company for personal injuries. Judgment for plaintiff. Defendant brings error. This is an action for personal injuries sustained by plaintiff while an employé of defendant company at Vanderbilt. It appears that defendant maintains at that place a coal dock, from which, as required, engines upon that portion of its lines receive coal.
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Error to Otsego; Sbárpe, J. Case by John Lukovski against the Michigan Central Railroad Company for personal injuries. Judgment for plaintiff. Defendant brings error. This is an action for personal injuries sustained by plaintiff while an employé of defendant company at Vanderbilt. It appears that defendant maintains at that place a coal dock, from which, as required, engines upon that portion of its lines receive coal. Plaintiff was foreman of the gang at that point, there being no one in authority over him at Vanderbilt. This dock was about 25 by 50 feet in size, and between 4 and 5 feet…
1Opinion of the CourtBrooke, J.
{after stating the facts). The negligence of the defendant relied upon by the plaintiff is:
“ In that it omitted to furnish, provide, and maintain for use in elevating such coal to the tenders of said engines buckets having springs thereon reasonably fit and safe for use.”
*367Plaintiff testified that, when buckets were out of repair, .he would tell the agent or operator at Vanderbilt to write a letter to Phil Coll at Bay City. Coll was foreman of the coal heavers; that from time to time Coll would send men to repair the defective buckets. Plaintiff further testified that he ordered such a letter…
2Cases cited14 opinions
- Bauer v. American Car & Foundry Co.Michigan Supreme Court · 1903
- Lamotte v. BoyceMichigan Supreme Court · 1895
- Lynch v. Saginaw Valley Traction Co.Michigan Supreme Court · 1908
- Wheeler v. BerryMichigan Supreme Court · 1893
- Juchatz v. Michigan Alkali Co.Michigan Supreme Court · 1899
9 more not listed; retrieve them via the Exa API.
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