Nieboer v. Detroit Electric Railway
Michigan Supreme Court
Error to Wayne; Carpenter, J. Case by Peter H. Nieboer, by next friend, against the Detroit Electric Railway, for personal injuries. From a judgment for plaintiff, defendant brings error. Plaintiff, about 6 o’clock p. m., desired to take one of' the defendant’s cars on the usual route to his home. Under the plea that the car was crowded, he climbed upon the dead wood or “bumper” at the rear of the car.
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Error to Wayne; Carpenter, J. Case by Peter H. Nieboer, by next friend, against the Detroit Electric Railway, for personal injuries. From a judgment for plaintiff, defendant brings error. Plaintiff, about 6 o’clock p. m., desired to take one of' the defendant’s cars on the usual route to his home. Under the plea that the car was crowded, he climbed upon the dead wood or “bumper” at the rear of the car. The deadwood is a block of wood 3 feet long at the longest part, beveled at the corners, about 6 inches wide, and at the outside is from 2 feet 4 to 2 feet 6-inches long. Two large bolts go…
1Opinion of the CourtGrant, J.
(after stating the facts). Plaintiff was not invited to ride upon the deadwood. No custom was shown permitting him to ride there. The company had instructed its employés not to permit it. It was not intended or sanctioned for the use of passengers. It needs no, argument to demonstrate that the position was a dangerous one, and never intended as a place for passengers to ride. The place was so dangerous that the plaintiff considered it necessary to hold on with both hands. According to his own theory, then, it was a place where it would be next to impossible for him to pay fare. There was…
2Cases cited6 opinions
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Jackson v. CrillySupreme Court of Colorado · 1891
- L. R. & Ft. S. R'y. v. MilesSupreme Court of Arkansas · 1883
- Carroll v. Inter-State Rapid Transit Co.Supreme Court of Missouri · 1891
- Chamberlain v. Mil. & Miss. R. R.Wisconsin Supreme Court · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Milbourne v. Arnold Electric Power Station Co.Michigan Supreme Court · 1905
- Coffey v. Omaha & Council Bluffs Street Railway Co.Nebraska Supreme Court · 1907
- Ft. Wayne Traction Co. v. HardendorfIndiana Supreme Court · 1904
- Columbus Ry. v. MunsOhio Circuit Courts · 1905
- Milbourne v. Arnold Electric Power Station Co.Michigan Supreme Court · 1905