Legal Opinion

Kingston v. Fort Wayne & Elmwood Railway Co.

Michigan Supreme Court

Decided February 16, 1898PublishedCited by 16 opinions

Error to Wayne; Simpson, J., presiding. Case by Thomas Kingston against the Fort Wayne & Elmwood Railway Company for personal injuries. From a judgment for defendant, plaintiff brings error.

1Opinion of the CourtLong, C. J.

The defendant, on October 10, 1891, owned and operated a horse railway in the city of Detroit. The plaintiff went upon one of its cars on that date, for the purpose of being transported as a passenger. It was what is called a “summer car,” open on both sides, with a step or running board, consisting of one board, extending the length of the car. The plaintiff, being unable to secure a seat, stood on the running board, and claims that the conductor in charge of the car negligently pushed him off, causing the injury complained of. The defendant claims that the plaintiff was intoxicated, and…

2Cases cited5 opinions

  1. Fahey v. CrottyMichigan Supreme Court · 1886
  2. Williams v. EdmundsMichigan Supreme Court · 1889
  3. Culley v. WalkeenMichigan Supreme Court · 1890
  4. Pokriefka v. MackuratMichigan Supreme Court · 1892
  5. Stuart v. Inhabitants of Machias PortSupreme Judicial Court of Maine · 1861

3Cited by16 opinions

  1. People v. DellabondaMichigan Supreme Court · 1933
  2. McNabb v. Green Real Estate Co.Michigan Court of Appeals · 1975
  3. Western Union Telegraph Co. v. GarrettSupreme Court of Oklahoma · 1916
  4. Chicago G. W. R. v. RobinsonCourt of Appeals for the Eighth Circuit · 1939
  5. Hughes v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1911

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