Chapman v. Ann Arbor Railroad
Michigan Supreme Court
Error to Shiawassee; Miner, J. Case by James L. Chapman, an infant, by Amelia Voss, his next friend, against the Ann Arbor Railroad Company for personal injuries. Judgment for plaintiff. Defendant brings error. This action is brought by James L. Chapman, through his guardian, Amelia Voss, against the defendant railroad company under the Federal employers’ liability act for injuries received while in the employ of the defendant on August 20, 1915, in the city of Owosso, Mich.
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Error to Shiawassee; Miner, J. Case by James L. Chapman, an infant, by Amelia Voss, his next friend, against the Ann Arbor Railroad Company for personal injuries. Judgment for plaintiff. Defendant brings error. This action is brought by James L. Chapman, through his guardian, Amelia Voss, against the defendant railroad company under the Federal employers’ liability act for injuries received while in the employ of the defendant on August 20, 1915, in the city of Owosso, Mich. Plaintiff had been working for the defendant since August 3, 1915, and on the day in question was employed, together…
1Opinion of the CourtKuhn, C. J.
(after stating the facts). The principal question raised by appellant’s assignments of error relates to the alleged error of the trial court in overruling defendant’s motion for a directed verdict in its favor. It is based upon the contention that, as the common-law defense of assumption of risk is retained under the Federal employers’ liability act, except where a statute enacted for the safety of employees is violated, under the evidence in this case it should be held that the plaintiff assumed the risk as a matter of law. In this connection, it was claimed that the timber which caused the…
2Cases cited11 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Gila Valley, Globe & Northern Railway Co. v. HallSupreme Court of the United States · 1914
- Texas & Pacific Railway Co. v. HarveySupreme Court of the United States · 1913
- Gardiner v. CourtrightMichigan Supreme Court · 1911
- Balhoff v. Michigan Central RailroadMichigan Supreme Court · 1895
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3Cited by2 opinions
- Sterner v. Michigan Central RailroadMichigan Supreme Court · 1925
- Britton v. Wabash Railway Co.Michigan Supreme Court · 1925