Prieur v. E. H. Stafford Co.
Michigan Supreme Court
Error to Muskegon; Russell, J. Case by Hilaire Prieur against the E. H. Stafford Company for personal injuries. From a judgment for defendant on verdict directed by the court, plaintiff brings error. Plaintiff was a dealer in oil and barrels, and as such frequently went to the freight house of the Chicago & West Michigan Railway Company to receive and unload barrels. He had a tall rack, with slanting sides, upon his wagon, on which to load the barrels.
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Error to Muskegon; Russell, J. Case by Hilaire Prieur against the E. H. Stafford Company for personal injuries. From a judgment for defendant on verdict directed by the court, plaintiff brings error. Plaintiff was a dealer in oil and barrels, and as such frequently went to the freight house of the Chicago & West Michigan Railway Company to receive and unload barrels. He had a tall rack, with slanting sides, upon his wagon, on which to load the barrels. Opposite the freight house the roadway was 29 feet wide, and then crowned to an elevation of 2 feet 4 inches higher to the railroad track and…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. Was defend-. ant guilty of negligence? The defendant is, of course, responsible for the negligent acts of his driver when engaged in his master’s business. The defendant had employed a competent driver and safe horses, and he had placed another employe upon the rear of the load, whose duty it was “to watch and see that the load cleared everything, and that nothing fell off.” But these precautions did not relieve him from the negligence of his servant. His servant was driving in a careful and prudent manner, unless the act of attempting to pass within the space…
2Cases cited3 opinions
- Park v. O'BrienSupreme Court of Connecticut · 1854
- Baron v. JoslinMichigan Supreme Court · 1879
- Greenwood v. CallahanMassachusetts Supreme Judicial Court · 1873