Glappa v. Detroit, Grand Haven & Milwaukee Railroad
Michigan Supreme Court
Error to Wayne; Hally, J. Case by Casimir Glappa against the Detroit, Grand Haven & Milwaukee Railroad Company and another for personal injuries. Judgment for plaintiff against said corporation which brings error. Defendant Boomer, a dealer in sand, lime, cement, gravel, and like products, maintains a yard east of and adjoining the defendant railway company’s right of way, between Forest and Garfield avenues, in the city of Detroit.
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Error to Wayne; Hally, J. Case by Casimir Glappa against the Detroit, Grand Haven & Milwaukee Railroad Company and another for personal injuries. Judgment for plaintiff against said corporation which brings error. Defendant Boomer, a dealer in sand, lime, cement, gravel, and like products, maintains a yard east of and adjoining the defendant railway company’s right of way, between Forest and Garfield avenues, in the city of Detroit. A private side track was built into said yard connecting with the defendant railway under a contract between defendant Boomer and the railway, which provided:…
1Opinion of the CourtBrooke, J.
(after stating the facts). The first assignment of error argued by appellant is based upon the action of the court below in striking Exhibit 2 from the record and in refusing to direct a verdict in favor of the defendant railway upon the ground that, under the agreement, the duty of keeping the side track free from obstructions rested upon Boomer. There is no doubt that, as between Boomer and the railway, the latter had a right to provide that Boomer should keep the side track clear. Mann v. Railroad Co., 135 Mich. 210 (97 N. W. 721). But in an action against the railway company by a third…
2Cases cited2 opinions
- Mann v. Pere Marquette RailroadMichigan Supreme Court · 1903
- Robinson v. Chicago & Alton RailroadMichigan Supreme Court · 1903
3Cited by3 opinions
- Village of Portland v. Citizens Telephone Co.Michigan Supreme Court · 1919
- Buffa v. General Motors CorporationDistrict Court, E.D. Michigan · 1955
- Union Electric Co. v. Lovell Livestock Co.Montana Supreme Court · 1933