Quirk v. Rapid Railway
Michigan Supreme Court
Error to Wayne; Erazer, J. Case by John Quirk, by next friend, against the Rapid Railway, for personal injuries. From a judgment for defendant on verdict directed by the court, plaintiff brings error.
1DissentGrant, J.
I think the court properly-directed a verdict for the defendant. The acts of negligence counted on are high rate of speed, that the train was running backwards, that no lookout was kept at the rear end of the train, that there was a failure to sound the gong, and a failure to have good and sufficient brakes. I find no evidence to sustain any of these allegations. The train was not running backwards, but the motor was pushing two fiat cars and a dump car ahead of it in the usual manner. The flat cars were about 13 feet long, and the dump car about 6 or 7 feet long.- All three cars that were…
2Cases cited3 opinions
- Shufelt v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1893
- Stewart v. Michigan Central RailroadMichigan Supreme Court · 1898
- McCullough v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Michigan Supreme Court · 1894