Legal Opinion

Chicago & Northwestern Ry. Co. v. Smith

Michigan Supreme Court

Decided October 5, 1881PublishedCited by 19 opinions

Error to Marquette. Case. The declaration is bere given. In tlie Oireuit Court for the County of Ma/rquette : Dennis Smith, by Geo.

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Error to Marquette. Case. The declaration is bere given. In tlie Oireuit Court for the County of Ma/rquette : Dennis Smith, by Geo. W. Hayden, who is admitted by the court to prosecute for the said Dennis Smith, who is an infant within the age of twenty-one years, as the next friend of the said Dennis Smith, plaintiff herein, complains of the Chicago & Northwestern Railway Company, a corporation under the railroad laws of the State of Michigan, and doing business in said county of Marquette, defendant herein, of a plea of trespass on the case, filing this declaration, entering rule to plead,…

1Opinion of the Court

Marston, O. J.. "While the witnesses do not fully agree upon the facts, yet in the view which we are compelled to take, the dispute becomes immaterial. The court charged the jury in substance and effect, that if they found the facts to be as testified to by the defendant’s witnesses, the plaintiff coidd not recover, and the instructions given, as to the right of the company to a clear track, and the boy being a trespasser, that it could only be held liable in case there was gross and wanton negligence on its part, such negligence as would indicate an indifference to the safety of the boy,…

2Cited by19 opinions

  1. Catlett v. Railway Co.Supreme Court of Arkansas · 1893
  2. Central Railroad v. BrinsonSupreme Court of Georgia · 1883
  3. Schindler v. Milwaukee, Lake Shore & Western Railway Co.Michigan Supreme Court · 1891
  4. Mitchell v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1883
  5. Ecliff v. Wabash, St. Louis & Pacific Railway Co.Michigan Supreme Court · 1887

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