Nieboer v. Detroit Electric Railway
Michigan Supreme Court
Error to Wayne; Carpenter, J. Case by Peter H. Nieboer, by next friend, against the Detroit Electric Railway, for personal injuries. From a judgment for plaintiff, defendant brings error. Plaintiff, about 6 o’clock p. m., desired to take one of' the defendant’s cars on the usual route to his home. Under the plea that the car was crowded, he climbed upon the dead wood or “bumper” at the rear of the car.
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Error to Wayne; Carpenter, J. Case by Peter H. Nieboer, by next friend, against the Detroit Electric Railway, for personal injuries. From a judgment for plaintiff, defendant brings error. Plaintiff, about 6 o’clock p. m., desired to take one of' the defendant’s cars on the usual route to his home. Under the plea that the car was crowded, he climbed upon the dead wood or “bumper” at the rear of the car. The deadwood is a block of wood 3 feet long at the longest part, beveled at the corners, about 6 inches wide, and at the outside is from 2 feet 4 to 2 feet 6-inches long. Two large bolts go…
1DissentMoore, J.
The plaintiff recovered a judgment of $2,000 against defendant for injuries received while he was riding on the deadwood of a car. The injuries were caused by a car following the one' upon which plaintiff was riding running into him. The case is brought here by writ of error. The plaintiff, when hurt, was 20 years old. When he attempted to board a car, it was full of passengers. He, with two others, stepped upon the deadwood of the car, which was a piece of wood on the outside of the rear platform, from which it projected. It is a little over 6 inches wide, and nearly 3 feet long. It was put…
2Cases cited21 opinions
- Pickett v. . R. R.Supreme Court of North Carolina · 1895
- Jacobus v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1873
- Pickett v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1895
- Lake Shore & Michigan Southern Railroad v. BrownIllinois Supreme Court · 1887
- Sweeney v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1899
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