Thompson v. Flint & Pere Marquette Railway Co.
Michigan Supreme Court
'Error to Genesee. (Newton, J.) Case. Defendant' brings error. It- is a. well settled 'principle in pleadings that defects in substance are fatal, and •cannot be cured by pleading over; the material facts must •be alleged : 1 Chit. PL [p. 672] ch. 10; Stoflet v. Marker 34 Mich. 313 ; Kean v. Mitchell 13 Mich. 213 ; Delashman v. Berry 21 Mich. 521; Aldrich v. Ghubb 35 Mich. 350; Ma/r•quette dec.
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'Error to Genesee. (Newton, J.) Case. Defendant' brings error. It- is a. well settled 'principle in pleadings that defects in substance are fatal, and •cannot be cured by pleading over; the material facts must •be alleged : 1 Chit. PL [p. 672] ch. 10; Stoflet v. Marker 34 Mich. 313 ; Kean v. Mitchell 13 Mich. 213 ; Delashman v. Berry 21 Mich. 521; Aldrich v. Ghubb 35 Mich. 350; Ma/r•quette dec. B. Go. v. Marcott 41 Mich. 433; F. de P. M. By Go. v. Stark 38 Mich. 714 ; plaintiff in case for negligence, •must prove that his own negligence did not contribute to the injury: L. S. de M. S. B. B.…
1Opinion of the CourtChamplin, J.
This action is brought to recover damages for personal injuries .received by the plaintiff by reason of the alleged negligence of defendant in not keeping a railroad crossing in repair. On the 21st of July, 1884, defendant caused its track to be repaired and raised at a crossing of a highway known as the “ Tupper Crossing,” on what is called the “ Old Turnpike,” between the village of Grand Blanc and the city of Flint, in the township of Grand Blanc, Gene-see county. The repair was made necessary on account of a depression in the track at that place, and the work consisted of raising the ties…
2Cited by11 opinions
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Northern Pac. R. Co. v. CharlessCourt of Appeals for the Ninth Circuit · 1892
- Omaha Street Railway Co. v. CraigNebraska Supreme Court · 1894
- White Swan Laundry Co. v. WehrhanSupreme Court of Alabama · 1918
- Wormsdorf v. Detroit City Railway Co.Michigan Supreme Court · 1889
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