Gleason v. Detroit, G. H. & M. Ry. Co.
Court of Appeals for the Sixth Circuit
Error to the Circuit Court of the United Kiaies for the Eastern District of Michigan. This is a writ of error to review a judgment of the circuit court for the Eastern district of Michigan for ilie defendant in a personal injury suit brought by AA’illiam J. Gleason against the Detroit, Grand Haven & Milwaukee Railway Company. Gleason was a brakeman in the employ of the defendant railway company.
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Error to the Circuit Court of the United Kiaies for the Eastern District of Michigan. This is a writ of error to review a judgment of the circuit court for the Eastern district of Michigan for ilie defendant in a personal injury suit brought by AA’illiam J. Gleason against the Detroit, Grand Haven & Milwaukee Railway Company. Gleason was a brakeman in the employ of the defendant railway company. On the 3d day of February, 1894, he was acting as head brakeman upon a. freight train running wild; that is, not running upon schedule time. The conductor of the train decided that, in order to reach…
1Opinion of the CourtTaft, Circuit Judge
(after stating- the facts as above). The judgment must be affirmed. We do not see how a verdict for the plaintiff upon this evidence could possibly be allowed by the court, in its judicial discretion, to stand. The plaintiff had the choice of doing the w'ork which it was bis duty to do either in a safe or in a very dangerous and reckless way. This .is fully established by his own evidence. He chose the reckless and dangerous mode, and he must bear the consequences of liis choice. It is urged on Ms behalf in this court that he was in a hurry; urged thereto by the conductor. The language of the…
2Cases cited2 opinions
- Lake Erie & W. Ry. Co. v. CraigCourt of Appeals for the Sixth Circuit · 1896
- Loranger v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1895
3Cited by12 opinions
- Gilbert v. Burlington, C. R. & N. Ry. Co.Court of Appeals for the Eighth Circuit · 1904
- Morris v. Duluth, S. S. & A. Ry. Co.Court of Appeals for the Eighth Circuit · 1901
- Erie R. Co. v. KaneCourt of Appeals for the Sixth Circuit · 1902
- H. D. Williams Cooperage Co. v. HeadrickCourt of Appeals for the Eighth Circuit · 1908
- Pennsylvania Co. v. StalkerIndiana Court of Appeals · 1918
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