Sheltrawn v. Michigan Central Railroad
Michigan Supreme Court
Error to Ogemaw; Sharpe, J. Case by Edward Sheltrawn against the Michigan Central Railroad Company for personal injuries. From a judgment for plaintiff, defendant brings error.
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Error to Ogemaw; Sharpe, J. Case by Edward Sheltrawn against the Michigan Central Railroad Company for personal injuries. From a judgment for plaintiff, defendant brings error. The declaration alleges that plaintiff’s employer had skidded on a certain banking ground for the reception of logs, on defendant’s line of railroad, a quantity of logs to ship on defendant’s cars over its road, and that defendant had placed there 12 flat cars, to be loaded with logs by plaintiff’s employer; that these cars were placed at a point 30 or 40 rods north of the skid ways; that there was a decline from the…
1Opinion of the CourtMontgomery, C. J.
(after stating the facts). It does not appear to be questioned that the relation of the defendant to this operation was such that it owed a duty of reasonable care to the plaintiff, as to which question see Roddy v. Railway Co., 104 Mo. 234 (15 S. W. 1112, 12 L. R. A. 746, 24 Am. St. Rep. 333).
As to the contention that it is not the theory of the declaration that the defective brake was the proximate cause of the injury, we do not agree with the defendant’s contention. The declaration sets out the duty of the defendant to provide a car equipped with a safe brake, and the breach of this duty,…
2Cases cited6 opinions
- Roddy v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Gibney v. . StateNew York Court of Appeals · 1893
- Mars v. President of DelawareNew York Supreme Court · 1889
- Page v. BucksportSupreme Judicial Court of Maine · 1874
- Stickney v. Town of MaidstoneSupreme Court of Vermont · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Chicago, Rock Island & Pacific Railway Co. v. LewisSupreme Court of Arkansas · 1912
- Tozer v. Michigan Central RailroadMichigan Supreme Court · 1917
- L. & N. R. R. v. FrepponCourt of Appeals of Kentucky · 1909
- McLean v. Pere Marquette RailroadMichigan Supreme Court · 1904
- Southern Railway Co. v. BentonCourt of Appeals of Georgia · 1938
2 more not listed; retrieve them via the Exa API.