Graham v. Detroit, Grand Haven & Milwaukee Railway Co.
Michigan Supreme Court
Error to Clinton; Searl, J. Case by Rose E. Graham, administratrix of the estate of Justin E. Graham, deceased, against the'Detroit, Grand Haven & Milwaukee Railway Company for the negligent killing of plaintiff’s intestate. There was judgment for plaintiff, and defendant brings error. So much damage was done to defendant’s roadbed, at points west of Owosso, by a severe rain storm, that on June 6, 1905, all trains over the division were annulled.
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Error to Clinton; Searl, J. Case by Rose E. Graham, administratrix of the estate of Justin E. Graham, deceased, against the'Detroit, Grand Haven & Milwaukee Railway Company for the negligent killing of plaintiff’s intestate. There was judgment for plaintiff, and defendant brings error. So much damage was done to defendant’s roadbed, at points west of Owosso, by a severe rain storm, that on June 6, 1905, all trains over the division were annulled. Information of the condition of the road was reported by wire to Durand, the headquarters of the division, to the train master, H. W. Matthews, and…
1Opinion of the CourtOstrander, J.
(after stating the facts). Counsel for plaintiff say in the brief:
“The subsidiary proposition, whether the station agent at Corunna was a fellow-servant with Graham, is not of the slightest importance on this record, and will not be discussed by us. The reason for so saying is that if the plaintiff made a case to go to the jury on the question whether the message * * * was in fact sent and addressed to the conductor and engineer, then the finding of the jury in that respect is conclusive, because no question can arise of Humphrey’s negligence in failing to properly deliver something which he…
2Cases cited2 opinions
- Moon v. Pere Marquette RailroadMichigan Supreme Court · 1906
- Mercantile Trust Co. v. Pittsburgh & W. Ry. Co.Court of Appeals for the Third Circuit · 1902
3Cited by4 opinions
- Goldsmith v. CodyMichigan Supreme Court · 1958
- Stever v. Ann Arbor RailroadMichigan Supreme Court · 1910
- Graham v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1911
- Rogers v. Pere Marquette RailroadMichigan Supreme Court · 1911