Whitcomb v. Detroit Electric Railway
Michigan Supreme Court
Error to Wayne; Carpenter, J. Case by Louis J. Whitcomb against the Detroit Electric Railway for personal injuries. From a judgment for defendant on verdict directed by the court, plaintiff brings error. Plaintiff was a conductor on one of defendant’s cars in the city of Detroit on April 25, 1898. He had been in the employ of the company for several years. He operated the car on the day before until 3 o’clock p. m., and returned it to the barn in good order.
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Error to Wayne; Carpenter, J. Case by Louis J. Whitcomb against the Detroit Electric Railway for personal injuries. From a judgment for defendant on verdict directed by the court, plaintiff brings error. Plaintiff was a conductor on one of defendant’s cars in the city of Detroit on April 25, 1898. He had been in the employ of the company for several years. He operated the car on the day before until 3 o’clock p. m., and returned it to the barn in good order. Another conductor then took and ran it until 1 o’clock a. m., Monday. That conductor turned it in in good order. Plaintiff took the car…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The car was properly equipped with the best appliances. It was in good condition when operated by the plaintiff on the day before, and when he returned it to the barn. It was in good condition when plaintiff’s fellow-servant, the next conductor, took it, ran it the usual time, and returned it. Plaintiff received it at 5:50, and discovered no defect in it until the trolley pole left the wire at the crossing of another track at Mack avenue. In plaintiff’s judgment, it was not then in a dangerous condition, and he ran it for about 10 miles farther, safely and…
2Cited by4 opinions
- Chicago & N. W. Ry. Co. v. O'BrienCourt of Appeals for the Eighth Circuit · 1904
- Elsey v. J. L. Hudson Co.Michigan Supreme Court · 1915
- Montbriand v. Chicago, St. P., M. & O. Ry. Co.U.S. Circuit Court for the District of Minnesota · 1911
- Prove v. Interstate StagesMichigan Supreme Court · 1930