Foster v. Grand Rapids Railway Co.
Michigan Supreme Court
Error to superior court of Grand Rapids; Newnham, J. Case by Adam Foster against the Grand Rapids Railway company for personal injuries. There was judgment for plaintiff, and defendant brings error. Plaintiff claims damages for an assault while a passenger on defendant’s road. He, with four companions, including his wife, had spent the evening at a beer hall at Reed’s Lake, near Grand Rapids, drinking beer and watching a vaudeville performance.
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Error to superior court of Grand Rapids; Newnham, J. Case by Adam Foster against the Grand Rapids Railway company for personal injuries. There was judgment for plaintiff, and defendant brings error. Plaintiff claims damages for an assault while a passenger on defendant’s road. He, with four companions, including his wife, had spent the evening at a beer hall at Reed’s Lake, near Grand Rapids, drinking beer and watching a vaudeville performance. This resort is owned by the defendant. The party drank considerable beer, and when they started for home plaintiff was evidently somewhat under the…
1Opinion of the CourtGrant, J.
(after stating the facts). Counsel for the defendant preferred the two following requests:
“ If there were no angry words spoken in the rear vestibule between Mr. Shinski and Mr. Foster, and if there were no angry words between the conductor and Mr. Foster, and everything had been gentlemanly and quiet up to the time that Mr. Foster claims he was hit on the head, and if you find that Shinski, as a special deputy sheriff, hit him on the head with his billy suddenly, without any direction from the conductor to do so, then the railway company would not be liable for that blow.”
“It appears by the…
2Cited by17 opinions
- Nash v. Sears, Roebuck & Co.Michigan Supreme Court · 1970
- Layne v. Chesapeake & Ohio Ry. Co.West Virginia Supreme Court · 1909
- McKain v. Baltimore & Ohio R. R. Co.West Virginia Supreme Court · 1909
- Thompson v. Norfolk & Western Railway Co.West Virginia Supreme Court · 1935
- Neallus v. Hutchinson Amusement Co.Supreme Judicial Court of Maine · 1927
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