Gaines v. Detroit, Grand Haven & Milwaukee Railway Co.
Michigan Supreme Court
Error to Shiawassee; Miner, J. Case by Clarence D. Gaines against the Detroit, Grand Haven & Milwaukee Railway Company, and others, for personal injuries. Judgment for defendants. Plaintiff brings error.
1Opinion of the CourtBird, J.
While the plaintiff was employed as a car repairer for the defendant in its yards at Durand, he was severely injured. The circumstances leading to his injury were such that he claims the company was negligent in failing to warn him of the dangers attendant upon his work. The declaration filed included not only a common-law count but a statutory one based upon Act No. 104, Pub. Acts 1909 (4 How. Stat. [2d Ed.] §4110 et seq.). At the conclusion of *377the proofs the plaintiff requested the trial court to submit the case to the jury upon the statutory count. The defendant objected to this and took…
2Cases cited6 opinions
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
- St. Louis, San Francisco & Texas Railway Co. v. SealeSupreme Court of the United States · 1913
- McNeill v. Southern Railway Co.Supreme Court of the United States · 1906
- Fernette v. Pere Marquette RailroadMichigan Supreme Court · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Chicago, K. & S. Ry. Co. v. KindlesparkerCourt of Appeals for the Sixth Circuit · 1916
- Carey v. Grand Trunk Western Railway Co.Michigan Supreme Court · 1918
- Davis v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Minnesota · 1916
- Lewis v. Union Pacific RailroadCalifornia Court of Appeal · 1954
- Gaines v. Grand Trunk Railway Co. of CanadaMichigan Supreme Court · 1916
2 more not listed; retrieve them via the Exa API.