Howe v. Chicago, Kalamazoo & Saginaw Railroad
Michigan Supreme Court
Error to Barry; Smith, J. Case by Eva Howe and Frances Roach against the Chicago, Kalamazoo & Saginaw Railroad Company for personal injuries. There was judgment for plaintiffs, and defendant brings error.
1Opinion of the CourtMontgomery, J.
These two actions were brought to recover damáges for injuries sustained by the plaintiffs from being precipitated into the vault of a privy situated on defendant’s station grounds at Hastings. The two cases were tried as one, and a verdict in favor of plaintiffs and judgments based thereon were entered.
The chief contention is that there was no evidence in the case supporting the averments in the declaration as to defendant’s negligence. The declarations were not essentially different. In the second count of the Howe case defendant’s duty and neglect thereof are set out as follows:
“ It became…
2Cases cited3 opinions
- Elliott v. Van BurenMichigan Supreme Court · 1875
- Strudgeon v. Village of Sand BeachMichigan Supreme Court · 1895
- Styles v. Village of DecaturMichigan Supreme Court · 1902
3Cited by2 opinions
- Nichols v. Pere Marquette RailroadMichigan Supreme Court · 1906
- Platt v. McDonnell Douglas Corp.District Court, E.D. Michigan · 1983