Baker v. Pere Marquette Railroad
Michigan Supreme Court
Submitted November 10, 1905. Scire facias proceedings by Oscar W. Baker against the Pere Marquette Railroad Company to enforce a judgment. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error.
1Opinion of the CourtHooker, J.
The plaintiff suffered the loss of a leg in 1887, being then seven years old, by being run over by the engine or cars of the Flint & Pere Marquette Railroad Company. An action was brought by his father, James H. Baker, as next friend, which resulted in a judgment for $5,000 against that company. This judgment was paid by the check of the Flint & Pere Marquette Railroad Company for $5,000, payable to James H.. Baker, next friend, etc., and delivered to counsel who tried the case. He caused it to be indorsed by James H. Baker, and himself collected the cash upon the check, retained one-half of…
2Cases cited3 opinions
- Baltimore & Ohio Railroad v. FitzpatrickCourt of Appeals of Maryland · 1872
- Neal v. SpoonerSupreme Court of Florida · 1883
- Wood v. HicksSupreme Court of Missouri · 1865
3Cited by3 opinions
- Southern Ry. Co. v. McKinneyCourt of Appeals for the Fifth Circuit · 1921
- Denison v. Crowley, Milner & Co.Michigan Supreme Court · 1937
- Dudex v. Sterling Brick Co.Michigan Supreme Court · 1927