Spiesberger v. Michigan Cent. R.
Court of Appeals for the Seventh Circuit
In Error to tlie District Court of the United States for the Eastern Division of the Northern District of Illinois. Action by Levi Spiesberger against the Michigan Central Railroad Company. There was a judgment for defendant on directed verdict, and, new trial being denied, plaintiff brings error.
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In Error to tlie District Court of the United States for the Eastern Division of the Northern District of Illinois. Action by Levi Spiesberger against the Michigan Central Railroad Company. There was a judgment for defendant on directed verdict, and, new trial being denied, plaintiff brings error. August 13, 1911, plaintiff, aged 69, for many years a commercial traveler, took passage on defendant’s train at Kennedy, Mich., with a party of 8 or 10 relatives and friends, including a son and wife, daughter and husband, and a granddaughter with her intended husband. The train comprised several…
1Opinion of the CourtAlschuler, Circuit Judge
(after stating the facts as above). [1,2] It is insisted for defendant that the record fails absolutely to show. any negligence on the part of the company. If this is so, the court’s direction of verdict was right. A plea was filed denying that the porter who called the stations was an employé of defendant, but there was no proof as to whether he was or not. However, he was in apparent charge of a car which was a part of the company’s train, used to transport its passengers, and it does not appear that there was any one else in that part of the train to whom the company delegated its very…
2Cases cited20 opinions
- Pennsylvania Co. v. RoySupreme Court of the United States · 1880
- Washington & Georgetown Railroad v. Harmon's AdministratorSupreme Court of the United States · 1893
- Chicago & Alton Railroad v. ArnolIllinois Supreme Court · 1893
- Railroad v. RayTennessee Supreme Court · 1898
- Northern Pac. Ry. Co. v. AdamsCourt of Appeals for the Ninth Circuit · 1902
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