Legal Opinion

Philip v. Heraty

Michigan Supreme Court

Decided January 12, 1904No. Docket No. 148PublishedCited by 14 opinions

Error to Bay; Shepard, J. Case by Nellie M. Philip, administratrix of the estate of George Philip, deceased, against Michael P. Heraty and John C. Weadock, receivers of the Bay Cities Consolidated Railway Company, for the alleged negligent killing of plaintiff’s intestate. From a judgment for plaintiff, defendants bring error.

1Opinion of the CourtHooker, J.

The defendants were receivers of a street railway in Bay City, and were conducting its business at the time of the occurrence of the accident which is the subject of this action. The plaintiff is the administratrix of one George Philip, deceased, and is alleged to be his widow. At the time of the accident, George Philip was yardmaster for the Grand Trunk Railway, and was in charge of a train of 13 freight cars, which was being backed across the street-railway tracks, which were laid along Midland street. The deceased was upon the first car, with his lantern in hand, as the train was backed…

2Cases cited1 opinion

  1. Freeman v. Duluth, South Shore & Atlantic Railway Co.Michigan Supreme Court · 1889

3Cited by14 opinions

  1. Hill v. Harbor Steel & Supply Corp.Michigan Supreme Court · 1965
  2. Bivens v. Detroit Osteopathic HospitalMichigan Court of Appeals · 1977
  3. Lawson v. United States. Retz v. United StatesCourt of Appeals for the Second Circuit · 1951
  4. In Re Elliott's EstateMichigan Supreme Court · 1938
  5. Robertson v. United Fuel & Supply Co.Michigan Supreme Court · 1922

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