Crowe v. Michigan Central Railroad
Michigan Supreme Court
Error to Shiawassee; Smith, J. Case by Fred Crowe against the Michigan Central Railroad Company for personal injuries. There was judgment for plaintiff, and defendant brings error. Plaintiff, a traveling salesman, alighted from the smoking car of the defendant at Owosso at 8 o’clock a. m. October 24, 1903. He had a dress suit case in one hand, an umbrella and package in the other, and was smoking a cigar.
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Error to Shiawassee; Smith, J. Case by Fred Crowe against the Michigan Central Railroad Company for personal injuries. There was judgment for plaintiff, and defendant brings error. Plaintiff, a traveling salesman, alighted from the smoking car of the defendant at Owosso at 8 o’clock a. m. October 24, 1903. He had a dress suit case in one hand, an umbrella and package in the other, and was smoking a cigar. In stepping from the car onto the platform cqnstructed of cinders, he turned his ankle, causing the injury, for which he recovered a verdict of $6,370. The negligence charged in the…
1Opinion of the CourtGrant, J.
(after stating the facts). It was conclusively established that this car was a standard one, of the height and construction such as is in common use upon railroads. It was the standard three-step smoking car. There are also four-step smoking cars; but no such car had been in use upon this road, extending from Jackson to Saginaw, for three or four years.' The difference in height between a three-step and a four-step car is about eight inches. The court should have instructed the jury that the use of this car was not negligence.
2. Counsel for defendant insist that the existence of the hole,…
2Cases cited11 opinions
- Pennsylvania Co. v. MarionIndiana Supreme Court · 1885
- St. Louis, Iron Mountain & Southern Railway Co. v. BarnettSupreme Court of Arkansas · 1898
- McKone v. Michigan Central RailroadMichigan Supreme Court · 1883
- Jackson v. City of LansingMichigan Supreme Court · 1899
- Collins v. Toledo, Ann Arbor & North Michigan Railway Co.Michigan Supreme Court · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Glancy v. City of RosevilleMichigan Supreme Court · 1998
- Pere Marquette Railroad v. StrangeIndiana Supreme Court · 1908
- Bernard v. Grand Rapids Paper Box Co.Michigan Supreme Court · 1912
- Wiley v. Rutland RailroadSupreme Court of Vermont · 1913
- Curcuru v. Peninsular Electric Light Co.Court of Appeals for the Sixth Circuit · 1919
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