Hollingshead v. Detroit, Grand Haven & Milwaukee Railway Co.
Michigan Supreme Court
Error to Kent; Brown, J. Case by Theodore Hollingshead against the Detroit, Grand Haven & Milwaukee Railway Company for personal injuries. Judgment for plaintiff. Defendant brings error. Plaintiff seeks to recover damages for personal injuries sustained by him while employed as a helper at defendant’s Grand Haven, Mich., roundhouse, about 4 o’clock in the morning of March 8, 1912. The roundhouse in use by defendant at that point was built many years ago.
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Error to Kent; Brown, J. Case by Theodore Hollingshead against the Detroit, Grand Haven & Milwaukee Railway Company for personal injuries. Judgment for plaintiff. Defendant brings error. Plaintiff seeks to recover damages for personal injuries sustained by him while employed as a helper at defendant’s Grand Haven, Mich., roundhouse, about 4 o’clock in the morning of March 8, 1912. The roundhouse in use by defendant at that point was built many years ago. There were six doors of a uniform width of 12 feet and a height of 12 feet. A track passed though each door. The track or stall involved in…
1Opinion of the CourtBrooke, J.
(after stating the facts). Touching the first error relied upon, it is sufficient to say that the point is covered by our decision in the case of Fernette v. Railroad Co., 175 Mich. 653 (144 N. W. 834).
Of the other five matters relied upon, we find it necessary to discuss but one, the third. Liability of a common carrier railroad company, under either the Federal or State act, to its employees in case of injury, must be based upon some negligent act of the railroad company. Seaboard Airline Ry. v. Horton, 233 U. S. 492 (34 Sup. Ct. 635). We are of opinion that the failure of the defendant to…
2Cases cited7 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Swick v. Ætna Portland Cement Co.Michigan Supreme Court · 1907
- White v. Owosso Sugar Co.Michigan Supreme Court · 1907
- Fernette v. Pere Marquette RailroadMichigan Supreme Court · 1913
- Pahlan v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1899
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