Keeley v. City Electric Railway Co.
Michigan Supreme Court
Error to St. Clair; Tappan, J. Case by George A. Keeley against the City Electric Railway Company for personal injuries. Judgment for plaintiff. Defendant brings error. The plaintiff, then nine years old, fell or was thrown under the wheels of one of defendant’s cars and was injured.
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Error to St. Clair; Tappan, J. Case by George A. Keeley against the City Electric Railway Company for personal injuries. Judgment for plaintiff. Defendant brings error. The plaintiff, then nine years old, fell or was thrown under the wheels of one of defendant’s cars and was injured. The time was the afternoon of December 24, 1901. The case for plaintiff, indicated by the declaration and supported by testimony, may be stated as follows: He, unattended, boarded a train of defendant’s cars, consisting of a motor car and two trailers, at a railroad station in Port Huron, taking his place — the…
1Opinion of the CourtOstrander, C. J.
(after stating the facts). The principal question of law is whether the court erred in instructing the jury concerning the duty of the conductor. *89For the purpose of deciding this question, the circumstances to be considered are those related by plaintiff and have been stated.
In Booth on Street Railways, § 849, the doctrine with respect to the duty of those in charge of street cars is stated in these words:
“ It is the duty of those in charge of the car, when signaled to stop for the purpose of discharging passengers, to ascertain who and how many of the passengers intend to alight at that…
2Cases cited11 opinions
- Highland Avenue & Belt Railroad v. BurtSupreme Court of Alabama · 1890
- Gilbert v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1894
- Memphis Street Railway Co. v. ShawTennessee Supreme Court · 1903
- Railroad v. MitchellTennessee Supreme Court · 1896
- Dean v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Wells v. Flint Trolley Coach, Inc.Michigan Supreme Court · 1958
- Virginia Public Service Co. v. SilverCourt of Appeals for the Fourth Circuit · 1934
- Morris v. Detroit United RailwayMichigan Supreme Court · 1923