Lindsay v. Wabash Railway Co.
Michigan Supreme Court
Error to Lenawee; Chester, J. Trespass vi ét armis by Thomas Lindsay, an incompetent, by his next friend, against the Wabash Railway Company. There was judgment for plaintiff, and defendant brings error.
1Opinion of the CourtHooker, J.
The plaintiff’s declaration is in trespass vi et armis, and alleges that he attempted to enter defendant’s train at Milan, Mich., as a passenger, when one of defendant’s servants, acting within the scope of his employment as conductor of said train, attempted to and did prevent his entering the train, and pulled and dragged him about, and struck him many blows with his fists, and choked him, by means whereof the plaintiff then and there became and was greatly hurt, cut, bruised, and wounded in and about his head, neck, hands, arms, and legs, and became and was sick, sore, lame, and…
2Cases cited4 opinions
- Wilkinson v. Detroit Steel & Spring WorksMichigan Supreme Court · 1889
- Hunter v. Village of DurandMichigan Supreme Court · 1904
- Thurstin v. LuceMichigan Supreme Court · 1886
- Phippen v. Bay Cities Consolidated Railway Co.Michigan Supreme Court · 1896
3Cited by1 opinion
- Hill v. Abram Smith & SonMichigan Supreme Court · 1913