Gaukler v. Detroit, Grand Haven & Milwaukee Railway Co.
Michigan Supreme Court
Error to Oakland; Smith, J. Case by Philip Gaukler, an insane person, by Henry Gaukler, his guardian, against the Detroit, Grand Haven & Milwaukee Railway Company, to recover damages for his negligent ejection from defendant’s train. From a judgment for plaintiff, defendant brings error.
1Opinion of the CourtHooker, C. J.
The plaintiff entered defendant’s train at Detroit. The first stop regularly made upon this road is at a junction with the Lake Shore road some distance from the starting point, but within the city. Some blocks before reaching the junction, the road crosses Farnsworth street. Demand was made upon plaintiff for his fare, which he refused to pay, and when the train made its first stop (according to the testimony of the witnesses upon the train) he was told by the conductor that he must get off. He had not yet sat down in the car, according to some of the testimony, and he walked to the door,…
2Cases cited1 opinion
- Hamilton v. Pittsburg & Lake Erie RailroadSupreme Court of Pennsylvania · 1898
3Cited by3 opinions
- Welsh v. Spokane & Inland Empire RailroadWashington Supreme Court · 1916
- Gwyn v. Cincinnati, N. O. & T. P. R.Court of Appeals for the Sixth Circuit · 1907
- Willett v. KingMichigan Supreme Court · 1918