Katzinski v. Grand Trunk Railway Co.
Michigan Supreme Court
Error to Wayne; Frazer, J. Case by Martha Katzinski, by her next friend, against the Grand Trunk Railway Company for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. Warsaw Place is a short street, wjth one end leading into St. Aubin avenue, and extending to the railroad yard of the defendant. In the yard at this point were four tracks, two of them being side tracks leading to various manufactories.
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Error to Wayne; Frazer, J. Case by Martha Katzinski, by her next friend, against the Grand Trunk Railway Company for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. Warsaw Place is a short street, wjth one end leading into St. Aubin avenue, and extending to the railroad yard of the defendant. In the yard at this point were four tracks, two of them being side tracks leading to various manufactories. The one next to Warsaw Place was a side track, and for a day or two previous to the accident had been occupied by a large number…
1Opinion of the CourtGrant, J.
(after stating the facts). The law did not require the defendant to fence its yard. Rabidon v. Railway Co., 115 Mich. 390 (39 L. R. A. 405).
Defendant was under no obligation to station an employe at this place, or to have one upon its cars, to see that no trespassers were upon its right of way. It had done all that the law required, if it required even that, by posting warning notices along its yard limits, notifying all persons to keep off. The fact, even if it could have been shown, that persons were in the habit of going down this street and into the defendant’s yard, or that children were…
2Cases cited6 opinions
- Ryan v. TowarMichigan Supreme Court · 1901
- Formall v. Standard Oil Co.Michigan Supreme Court · 1901
- Sturgis v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1888
- Rabidon v. Chicago & West Michigan Railway Co.Michigan Supreme Court · 1897
- McCaughna v. Owosso & Corunna Electric Co.Michigan Supreme Court · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Rex Pierce, Jr., a Minor by His Next Friend, Janet Pierce v. New York Central Railroad CompanyCourt of Appeals for the Sixth Circuit · 1969
- Huggett v. ErbMichigan Supreme Court · 1914
- Hamilton v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1905
- Eugene Richard Cygan, Administrator of the Estate of Eugene Frank Cygan, Deceased v. Chesapeake & Ohio Railway Co., a Virginia CorporationCourt of Appeals for the Sixth Circuit · 1961
- Burtram v. Michigan Central RailroadMichigan Supreme Court · 1907
3 more not listed; retrieve them via the Exa API.