Connor v. Lake Shore & Michigan Southern Railway Co.
Michigan Supreme Court
Error to Lenawee; O’Mealey, J. Case by Thomas Gr. Connor against the Lake Shore & Michigan Southern Railway Company for personal injuries. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error. This case was before the court at the October, 1909, •term, and will be found reported in 158 Mich. 688 (123 N. W. 533). The facts are there set out with sufficient clearness.
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Error to Lenawee; O’Mealey, J. Case by Thomas Gr. Connor against the Lake Shore & Michigan Southern Railway Company for personal injuries. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error. This case was before the court at the October, 1909, •term, and will be found reported in 158 Mich. 688 (123 N. W. 533). The facts are there set out with sufficient clearness. Upon a second trial, the plaintiff desired to be permitted to withdraw the concession made at the first trial (to which reference is made at page 694 of 158 Mich. [1X3 N. W. 533]),…
1Opinion of the CourtBrooke, J.
{after stating the facts). Since the argument of this case we have again carefully examined the record presented to the court upon the former hearing. We find that plaintiff testified that engine No. 50, which caused his injury, was one of the lighter type of engines in use by the defendant company at that time. He said:
“ Engine 50 wouldn’t project over the sides any. It was a small engine. * * * On a small engine like 50 *31I think there would be about a foot between the engine and the push bar.”
As to what was done upon the occasion in question, he testified:
“ When I got out there that night, *…
2Cases cited7 opinions
- Pelton v. SchmidtMichigan Supreme Court · 1895
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