Gardner v. Michigan Central R. R.
Michigan Supreme Court
Error to Berrien. (A. J. Smith, J.) Case. Defendant brings error. A railroad company must furnish and keep its track in such condition that it can be safely used by its employees : Chic, da F. W. By. Co. v. Bayfield 37 Mich. 205; Cooley on Torts, 561; Swoboda v. Ward 40 Mich. 420; Snoio v. Bous. B. B. Co. 8 Allen 441: Wood on Master and Servant 695 ; C., M. da St. P. By. Go. v. Boss 112 U. S. 377; Hough v. Bailway Co. 100 IT. S. 219 ; G. db F. W. By.
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Error to Berrien. (A. J. Smith, J.) Case. Defendant brings error. A railroad company must furnish and keep its track in such condition that it can be safely used by its employees : Chic, da F. W. By. Co. v. Bayfield 37 Mich. 205; Cooley on Torts, 561; Swoboda v. Ward 40 Mich. 420; Snoio v. Bous. B. B. Co. 8 Allen 441: Wood on Master and Servant 695 ; C., M. da St. P. By. Go. v. Boss 112 U. S. 377; Hough v. Bailway Co. 100 IT. S. 219 ; G. db F. W. By. Co. v. SwettA5 111. 197; Wharton on Neg. § 232a; Flike v. B. da A. B. B. Co. 53 N. Y. 549; Ford v. Fitchburg B. B. Co. 110 Mass. 240: 1 Redfield…
1Opinion of the CourtSherwood, J.
This is an action of trespass on the case, brought by the plaintiff to recover damages for injury sustained by him on the morning of the 16th day of May, 1882, at the city of Niles, while attempting to uncouple cars in a moving train, and while in the service of the defendant. The cause was tried at the Berrien circuit, before Judge Smith, by a jury, at the February term, 1884, and a verdict was rendered for the plaintiff for $5000 damages. Defendant brings error.
No question is raised upon the pleadings. From the record it appears that in the city of Niles, Fifth street, running-north and…
2Cases cited21 opinions
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Barbaroux v. BarkerCourt of Appeals of Kentucky · 1862
- Quincy Mining Co. v. KittsMichigan Supreme Court · 1879
- Muldowney v. Ill. Cent. Ry. Co.Supreme Court of Iowa · 1873
- Warner v. . Erie Railway Co.New York Court of Appeals · 1868
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3Cited by13 opinions
- Adams v. Iron Cliffs Co.Michigan Supreme Court · 1889
- Hunn v. Michigan Central RailroadMichigan Supreme Court · 1889
- VanDusen v. LetellierMichigan Supreme Court · 1889
- Ragon v. Toledo, Ann Arbor & North Michigan Railway Co.Michigan Supreme Court · 1893
- Ashman v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1892
8 more not listed; retrieve them via the Exa API.