Peppett v. Michigan Central Railroad
Michigan Supreme Court
Error to Jackson; Peck, J. Case by Sarah F. Peppett, administratrix of the estate of George Peppett, deceased, against the Michigan Central Railroad Company, for the alleged negligent killing of plaintiff’s intestate. From a judgment for defendant on verdict directed by the court, plaintiff brings error.
Read the full summary
Error to Jackson; Peck, J. Case by Sarah F. Peppett, administratrix of the estate of George Peppett, deceased, against the Michigan Central Railroad Company, for the alleged negligent killing of plaintiff’s intestate. From a judgment for defendant on verdict directed by the court, plaintiff brings error. Plaintiff’s counsel state her case as follows: “George Peppett, the plaintiff’s intestate, was, on the 13th day of September, 1895, a locomotive engineer in the defendant’s employ. He was running passenger engine No. 50?, pulling the train known as the ‘ North Shore Limited,’ one of the…
1Opinion of the CourtGrant, C. J.
(after stating the facts). We approve the instructions of the court in directing a verdict. The following facts are established by the evidence:
1. That the engine was properly constructed.
2. That defendant had performed its full duty as to inspection.
3. It was the duty of the decedent, both after coming in and before going out, to inspect the engine, and, after coming in, to minute in a book, kept for that purpose, any repair needed. He did make such inspection, but reported nothing wrong. The wearing, if any there was, was easily discernible; He therefore assumed the risk of such defect.
*6484. If…
2Cases cited1 opinion
- Whalen v. Michigan Central RailroadMichigan Supreme Court · 1897
3Cited by7 opinions
- Swick v. Ætna Portland Cement Co.Michigan Supreme Court · 1907
- Elsey v. J. L. Hudson Co.Michigan Supreme Court · 1915
- McDonald v. Michigan Central RailroadMichigan Supreme Court · 1903
- Nashville, Chattanooga & St. Louis Railway v. HayesTennessee Supreme Court · 1906
- Felske v. Detroit United RailwayMichigan Supreme Court · 1911
2 more not listed; retrieve them via the Exa API.