Legal Opinion

Rodman v. Michigan Central Railroad

Michigan Supreme Court

Decided October 15, 1884PublishedCited by 7 opinions

Error to the Superior Court of Detroit. (Chiprnan, J.) Case. Plaintiff brings error.

1Opinion of the CourtCooley, C. J.

The plaintiff, a brakeman on the road of defendant, brings suit for an injury received by him while-coupling cars. The injury happened to him while in the discharge of his duties as brakeman, and under the general principle that the servant takes upon himself the risks incident to his employment, the defendant is not responsible unless his case is brought within some recognized exception to the principle.

To make out an exception the plaintiff avers that at the time of the injury the engineer and fireman in charge of the locomotive of the train “temporarily left their respective posts for some…

2Cases cited4 opinions

  1. Chicago & Northwestern Railway Co. v. BayfieldMichigan Supreme Court · 1877
  2. Detroit Savings Bank v. ZieglerMichigan Supreme Court · 1882
  3. H. & T. C. R. R. Co. v. MyersTexas Supreme Court · 1881
  4. Greenwald v. Marquette, Houghton & Ontonagon RailroadMichigan Supreme Court · 1882

3Cited by7 opinions

  1. VanDusen v. LetellierMichigan Supreme Court · 1889
  2. Jackson v. Norfolk & W. R.West Virginia Supreme Court · 1897
  3. Core v. Ohio River R'dWest Virginia Supreme Court · 1893
  4. Martin v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1915
  5. Wegge v. Great Northern Railway Co.Montana Supreme Court · 1921

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