Bledsoe v. Grand Trunk Railway Co.
Michigan Supreme Court
Error to Wayne; Waite, J. Case by Samuel L. Bledsoe, administrator of the estate of Samuel Bledsoe, deceased, against the Grand Trunk Railway Company, for the alleged negligent killing of plaintiff’s intestate. From a judgment for defendant on verdict directed by the court, plaintiff brings error. The railroad yard of the defendant company extends from Brush street on the west to Hastings street on the east, a distance of 1,400 feet, and beyond.
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Error to Wayne; Waite, J. Case by Samuel L. Bledsoe, administrator of the estate of Samuel Bledsoe, deceased, against the Grand Trunk Railway Company, for the alleged negligent killing of plaintiff’s intestate. From a judgment for defendant on verdict directed by the court, plaintiff brings error. The railroad yard of the defendant company extends from Brush street on the west to Hastings street on the east, a distance of 1,400 feet, and beyond. On the west end is the depot, with fences and gates, and employes stationed at the gates to prevent the ingress of those having no business with the…
1Opinion of the CourtGrant, J.
(after stating the facts). The theory of the counsel for the plaintiff upon the argument was that it was the duty of the defendant to surround this platform where the lever was with a fence so high and tight that a boy could not get through, under, or over it. The defendant and the other railroad companies have many employes at work in this yárd and around these slips. The purpose of the fence was to serve as a protection to them. For that purpose it was amply sufficient, and no accident had ever occurred before. If it be assumed that the boy was permitted to enter this yard, — of which there…
2Cases cited4 opinions
- Hargreaves v. DeaconMichigan Supreme Court · 1872
- Trudell v. Grand Trunk Railway Co.Michigan Supreme Court · 1901
- Chicago & Northwestern Ry. Co. v. SmithMichigan Supreme Court · 1881
- Rabidon v. Chicago & West Michigan Railway Co.Michigan Supreme Court · 1897
3Cited by1 opinion
- McCaughna v. Owosso & Corunna Electric Co.Michigan Supreme Court · 1902