Legal Opinion

Maltby v. Chicago & West Michigan Railway Co.

Michigan Supreme Court

Decided December 20, 1883PublishedCited by 19 opinions

Error to Muskegon. (Russell, J.) Case. Plaintiff brings error.

1Opinion of the CourtGraves, C. J.

On the 29th of September, 1881, the plaintiff was on his way to the city of Muskegon by the public road known as the Allegan, Muskegon & Traverse Bay State road, with a load of hay, and on passing over the defendant’s track where it crosses said road near the city, his load upset and he received injury. He attributed the occurrence to the unsafe condition of the south approach contiguous to the rail, and sued the company in this action for his damages. The circuit judge instructed the jury to-find in favor of the company. The grounds on which the ruling is defended will be briefly noticed.

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2Cases cited12 opinions

  1. Eyler v. County CommissionersCourt of Appeals of Maryland · 1878
  2. People ex rel. City of Bloomington v. Chicago & Alton RailroadIllinois Supreme Court · 1873
  3. Chicago, Rock Island & Pacific Railroad v. MoffittIllinois Supreme Court · 1874
  4. Cooke v. Boston and Lowell RailroadMassachusetts Supreme Judicial Court · 1882
  5. People v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1878

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3Cited by19 opinions

  1. State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1886
  2. American Tobacco Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1912
  3. Tobias v. Michigan Central RailroadMichigan Supreme Court · 1894
  4. County of Alameda v. Southern Pacific Co.California Supreme Court · 1961
  5. Bullock v. Yakima Valley Transportation Co.Washington Supreme Court · 1919

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