Tuttle v. Detroit, Grand Haven & Milwaukee Railway
Supreme Court of the United States
ERROR TO TEE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MICHIGAN. This was an action for negligence resulting in the death of plaintiff's husband and intestate, Orson Tuttle, a brakeman in the defendant’s employment.
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ERROR TO TEE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MICHIGAN. This was an action for negligence resulting in the death of plaintiff's husband and intestate, Orson Tuttle, a brakeman in the defendant’s employment. The declaration contained three counts, the first of which charged that on or about the 30th of October, 1882, the said Tuttle was in the employ of the defendant in the city of Detroit at the “ Detroit, Grand Haven and Milwaukee yards,” and in the course of his ordinary employment was ordered to couple some cars standing on a certain track known as “ boot-jack…
1Opinion of the CourtJustice Bradley
We have carefully read the evidence presented by the bill of exceptions, and, although it appears that the curve was a very sharp one at the place where the accident happened, yet we do not think that public policy requires the courts to lay down any rule of law to restrict á railroád company as to the curves it shall use in its freight depots and yards, where the safety of passengers and the public is not involved; much less that it should be left to the varying and uncertain opinions of juries to determine such an engineering question. (For analogous cases as to the right of a manufacturer…
2Cases cited3 opinions
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Hayden v. Smithville Manufacturing Co.Supreme Court of Connecticut · 1861
- Richards v. RoughMichigan Supreme Court · 1884
3Cited by148 opinions
- Tiller v. Atlantic Coast Line RailroadSupreme Court of the United States · 1943
- Poirier v. Town of PlymouthMassachusetts Supreme Judicial Court · 1978
- Baltimore & Ohio Railroad v. GroegerSupreme Court of the United States · 1925
- Toledo, St. Louis & Western Railroad v. AllenSupreme Court of the United States · 1928
- Thomas Fashauer, Jr. v. New Jersey Transit Rail Operations, IncCourt of Appeals for the Third Circuit · 1995
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