Mayer v. Detroit, Ypsilanti, Ann Arbor & Jackson Railway
Michigan Supreme Court
Error to Washtenaw; Kinne, J. Case by Albert E. Mayer against the Detroit, Ypsilanti, Ann Arbor & Jackson Railway for personal injuries. There was judgment for plaintiff, and defendant brings error. Plaintiff, while in defendant’s employ as motorman, on January 7, 1902, was very seriously injured. The defendant was found guilty of negligence, and a substantial verdict recovered.
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Error to Washtenaw; Kinne, J. Case by Albert E. Mayer against the Detroit, Ypsilanti, Ann Arbor & Jackson Railway for personal injuries. There was judgment for plaintiff, and defendant brings error. Plaintiff, while in defendant’s employ as motorman, on January 7, 1902, was very seriously injured. The defendant was found guilty of negligence, and a substantial verdict recovered. Defendant’s street railway line in the city of Ann Arbor runs northerly from Catherine street ¿ down Detroit street, with its northerly terminus near the Michigan Central depot. There is a gradual incline from…
1Opinion of the CourtGrant, J.
(after stating the facts). In the briefs and oral arguments it was asserted by plaintiff’s counsel— and denied by defendant’s counsel — that there was not a pail of sand or a shovel provided on plaintiff’s car with which he could throw sand upon the track in case of emergency. Under this record the question is wholly immaterial. ■ No such ground of negligence is alleged in the declaration. The duty of the defendant alleged in the declaration was to ‘ ‘ equip and supply its said car with *466sand boxes and sand.” It is apparent that the case was tried solely upon this theory, so far as the use of…
2Cases cited3 opinions
- Grand Rapids & Indiana Railroad v. HuntleyMichigan Supreme Court · 1878
- Balhoff v. Michigan Central RailroadMichigan Supreme Court · 1895
- Lamotte v. BoyceMichigan Supreme Court · 1895
3Cited by5 opinions
- Love v. Detroit, Jackson & Chicago RailroadMichigan Supreme Court · 1912
- Sullivan v. Detroit & Windsor Ferry Co.Michigan Supreme Court · 1931
- Kirby v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1911
- Mayer v. Detroit Ypsilanti, Ann Arbor & Jackson RailwayMichigan Supreme Court · 1908
- Noble v. Detroit Taxicab & Transfer Co.Michigan Supreme Court · 1923