Legal Opinion

Fitzpatrick v. Michigan Central Railroad

Michigan Supreme Court

Decided July 13, 1907No. Docket No. 4PublishedCited by 7 opinions

Error to Bay; Collins, J. Case by Dennis Fitzpatrick against the Michigan Central Railroad Company for personal injuries. There was judgment for plaintiff, and defendant brings error.

1Opinion of the CourtMontgomery, J.

This is an action to recover for personal injuries. The plaintiff was, on the 30th of Novem*195her, 1903, engaged in inspecting and loading lumber from the mill of Mershon-Schuette-Parker Company into a car of defendant company. The cars of defendant were placed upon a spur track on the northerly side of the mill of plaintiff’s employers, to whom the track belonged. The mill had eight doors on its northerly side, numbered consecutively, beginning at the westerly end. The mill floor was practically on a- level with the floor of cars, so that when cars were placed with their doors opposite the…

2Cases cited4 opinions

  1. Joslin v. Grand Rapids Ice Co.Michigan Supreme Court · 1883
  2. McInerney v. President, Managers & Co. of Delaware & Hudson Canal Co.New York Court of Appeals · 1897
  3. Breeze v. MacKinnon Manufacturing Co.Michigan Supreme Court · 1905
  4. Johnson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Michigan Supreme Court · 1905

3Cited by7 opinions

  1. Chesbrough v. WoodworthCourt of Appeals for the Sixth Circuit · 1912
  2. MacDonald v. De FremeryCalifornia Supreme Court · 1914
  3. Shall v. Detroit & Mackinac Railway Co.Michigan Supreme Court · 1908
  4. Jackson v. Detroit & Mackinac Railway Co.Michigan Supreme Court · 1910
  5. Dean v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Court of Appeals · 1917

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