Legal Opinion

McClure v. Detroit Southern Railroad

Michigan Supreme Court

Decided December 3, 1906No. Docket No. 48PublishedCited by 5 opinions

Error to Lenawee; Chester, J. Case by Lucy A. McClure, administratrix of the estate of Robert J. McClure, deceased, against the Detroit Southern Railroad Company for .the negligent killing of plaintiff’s intestate. There was judgment for plaintiff, and defendant brings error.

1Opinion of the CourtMontgomery, J.

The plaintiff recovered at the circuit damages under the death act for the death of her husband on the ground that such death was caused by defendant’s negligence. On the 1st day of June, 1901, decedent was employed in defendant’s car shops at Tecumseh, and was directed by the foreman in charge to go into the yards of the company to assist in the repair of a loaded freight car. The repairs consisted of replacing the draw-bar at each end of the car. The work was done under the immediate direction of the foreman of the car department, George Sollers. The men employed were ordered and directed…

2Cases cited3 opinions

  1. Ohio & Mississippi R. W. Co. v. CollarnIndiana Supreme Court · 1881
  2. Smith v. BelshawCalifornia Supreme Court · 1891
  3. Walker v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1895

3Cited by5 opinions

  1. Sempier v. GoemannWisconsin Supreme Court · 1917
  2. Chapman v. Ann Arbor RailroadMichigan Supreme Court · 1917
  3. Johnson v. Desmond Chemical Co.Michigan Supreme Court · 1908
  4. Ward v. Liverpool Salt & Coal Co.West Virginia Supreme Court · 1916
  5. Hilgbrandt v. Oval Wood Dish Co.Michigan Supreme Court · 1914

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