Legal Opinion

Detroit & Milwaukee Railroad v. Van Steinburg

Michigan Supreme Court

Decided May 13, 1868PublishedCited by 335 opinions

Error to Oakland Circuit. This was an action brought by defendant in error to recover damages from the Detroit and Milwaukee Railroad Company, for injuries received, by being run over by their cars at Holly. A verdict was rendered by the jury for plaintiff below, for $12,000. The case was removed to this court by writ of error and bill of exceptions.

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Error to Oakland Circuit. This was an action brought by defendant in error to recover damages from the Detroit and Milwaukee Railroad Company, for injuries received, by being run over by their cars at Holly. A verdict was rendered by the jury for plaintiff below, for $12,000. The case was removed to this court by writ of error and bill of exceptions. Numerous exceptions were taken on the trial to the admission of testimony, as well as the charges to the jury, the material portions of which are stated in the opinion. 1. Testimony concerning the rate of speed of a railroad engine with reference…

1Opinion of the Court

Cooley Oh. J.

Tbe action in the court below was brought by Yan Steinburgh to recover of the railroad company for injury done him by one of their engines at Holly station, on September 15, 1805. The plaintiff, it appears, was a hotel keeper at that place. The track passed between his house and the depot, and only about thirty feet therefrom. He heard the whistle of an approaching train when it called the station; started to cross over the track to the depot; was caught by the engine as it came up, and had one foot taken off, and the toe of another. The defendants insisted that the injury was…

2Cases cited21 opinions

  1. Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
  2. Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
  3. Isbell v. New York & New Haven RailroadSupreme Court of Connecticut · 1858
  4. Beers v. Housatonuc Rail-roadSupreme Court of Connecticut · 1849
  5. Trow v. Vermont Central RailroadSupreme Court of Vermont · 1852

16 more not listed; retrieve them via the Exa API.

3Cited by335 opinions

  1. Moning v. AlfonoMichigan Supreme Court · 1977
  2. Hopt v. UtahSupreme Court of the United States · 1887
  3. Mitcham v. City of DetroitMichigan Supreme Court · 1959
  4. Caldwell v. FoxMichigan Supreme Court · 1975
  5. Kaminski v. Grand Trunk Western RailroadMichigan Supreme Court · 1956

330 more not listed; retrieve them via the Exa API.

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