McLean v. Pere Marquette Railroad
Michigan Supreme Court
Error to Osceola; McAlvay, J. Case by William E. McLean, an infant, by his next friend, against the Pere Marquette Railroad Company for personal injuries. There was judgment for plaintiff, ■and defendant brings error. On September 5, 1902, plaintiff, a section hand in the ■employ of the defendant, was injured by the derailment of a hand car upon which he and the other members of the section crew were riding.
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Error to Osceola; McAlvay, J. Case by William E. McLean, an infant, by his next friend, against the Pere Marquette Railroad Company for personal injuries. There was judgment for plaintiff, ■and defendant brings error. On September 5, 1902, plaintiff, a section hand in the ■employ of the defendant, was injured by the derailment of a hand car upon which he and the other members of the section crew were riding. The section men had been working on the track about two miles east of Chase. About 10 or 15 minutes before they quit work in the afternoon a freight train passed over the track going west…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. Defendant’s first contention is that there is no evidence of negligence. Defendant’s trainmaster, a witness in its behalf, conceded that it was unsafe to load an open rack car with such material thrown loose in it. There was sufficient evidence to establish negligence on the part of some one in furnishing and loading the car in the manner described. The *485block or piece of wood was found immediately after the accident with the dent of the flange of the car wheel on it. It was of the same material as that with which the car was loaded. The car had passed over the…
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- Schoepper v. Hancock Chemical Co.Michigan Supreme Court · 1897
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- Thomas v. Ann Arbor RailroadMichigan Supreme Court · 1897
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