Nichols v. Pere Marquette Railroad
Michigan Supreme Court
Error to Ingham; Wiest, J. Case by Jeremiah Nichols against the Pere Marquette Railroad Company for personal injuries. There was judgment for plaintiff, and defendant brings error. A water tank belonging to defendant company, located at Fowlerville, was reached by a vertical ladder about 35 feet long, leading from the ground, fastened to the tank.
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Error to Ingham; Wiest, J. Case by Jeremiah Nichols against the Pere Marquette Railroad Company for personal injuries. There was judgment for plaintiff, and defendant brings error. A water tank belonging to defendant company, located at Fowlerville, was reached by a vertical ladder about 35 feet long, leading from the ground, fastened to the tank. There was a steam pumping station connected with the tank, and on the tank an indicator designed to show the depth of the water therein. Plaintiff is an engineer by profession, and for a number of years had been employed by defendant at different…
1Opinion of the CourtOstrander, J.
(after stating the facts). 1. Does the testimony to which reference has been made present a *649question of law or of fact upon the subject of the negligence of defendant ?
It is assumed that the plaintiff in rendering proper service to defendant was required to use the ladder. The ladder was an instrument of such service, provided by the master. The law requires that the master shall use ordinary care and diligence to provide safe instruments of service. When, as in this case, such care is originally exercised and the default charged is in maintenance, it must, generally, be made to appear that…
2Cases cited2 opinions
- Twombly v. Consolidated Electric Light Co.Supreme Judicial Court of Maine · 1903
- Howe v. Chicago, Kalamazoo & Saginaw RailroadMichigan Supreme Court · 1905
3Cited by11 opinions
- Kaukola v. Oliver Iron Mining Co.Michigan Supreme Court · 1910
- Kelley v. BrownMichigan Supreme Court · 1933
- McVey v. GerraldCourt of Appeals of Maryland · 1937
- Rule v. GiuglioMichigan Supreme Court · 1942
- Gillespie v. Grand Trunk Railway Co.Michigan Supreme Court · 1907
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