Legal Opinion

Powers v. Pere Marquette Railroad

Michigan Supreme Court

Decided March 19, 1906No. Docket No. 20PublishedCited by 14 opinions

Error to Kent; Perkins; J.. Case by Mary A. Powers, administratrix of the estate of Nicholas J. Powers, deceased, against the Pere Marquette Railroad Company for the negligent killing of plaintiff’s intestate. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

1Opinion of the CourtHooker, J.

The plaintiff’s intestate was killed upon the defendant’s railroad, and this action was brought to recover damages upon the ground of defendant’s negligence. The deceased was an employé of defendant —i. e., a switchman — and just previous to his death was riding upon the footboard in front of defendant’s switch engine. No one witnessed his fall from the engine. He was noticed when under the wheels of the engine of car, and the train was stopped. The negligence alleged is that the footboard was checked in the ends, and was supported by brackets that were too short for the purpose, extending…

2Cases cited10 opinions

  1. Quincy Mining Co. v. KittsMichigan Supreme Court · 1879
  2. Mynning v. Detroit, Lansing & Northern RailroadMichigan Supreme Court · 1887
  3. Toomey v. Eureka Iron & Steer WorksMichigan Supreme Court · 1891
  4. Mitchell v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1883
  5. Robinson v. Charles Wright & Co.Michigan Supreme Court · 1892

5 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Parmelee v. Chicago, Milwaukee & St. Paul Railway Co.Washington Supreme Court · 1916
  2. McLawson v. Paragon Repining Co.Michigan Supreme Court · 1917
  3. Howe v. Michigan Central RailroadMichigan Supreme Court · 1926
  4. Scott v. Boyne City, Gaylord & Alpena RailroadMichigan Supreme Court · 1912
  5. New York Lubricating Oil Co. v. PuseyCourt of Appeals for the Second Circuit · 1914

9 more not listed; retrieve them via the Exa API.

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