Legal Opinion

Mellish v. Pere Marquette Railroad

Michigan Supreme Court

Decided October 2, 1911No. Docket No. 72Published

Error to Bay; Collins, J. Case by Flora Mellish, as administratrix of the estate of Nicholas George Mellish, deceased, for the wrongful death of plaintiff’s intestate. Judgment for plaintiff. Defendant brings error.

1Opinion of the CourtBlair, J.

This action arises out of an accident which occurred at Baldwin, Lake county, Mich., on March 14, 1905, in which plaintiff’s intestate, an engineer in the employ of defendant’s predecessor, was instantly killed.

In 1889, the Flint & Pere Marquette Railroad ran from Ludington and Manistee to Saginaw, passing through Baldwin. The Chicago & West Michigan Railroad Company made application to cross the tracks of the Flint & Pere Marquette Railroad at grade, and, in July, 1889, the board of railroad crossings made an order that the crossing should be made at grade, and that an interlocking and…

2Cases cited5 opinions

  1. Chicago Great Western Ry. Co. v. Minneapolis, St. P. & S. S. M. Ry. Co.Court of Appeals for the Eighth Circuit · 1910
  2. Enright v. Toledo, Ann Arbor & North Michigan Railway Co.Michigan Supreme Court · 1892
  3. Lynch v. Saginaw Valley Traction Co.Michigan Supreme Court · 1908
  4. Whalen v. Michigan Central RailroadMichigan Supreme Court · 1897
  5. Moyer v. Ann Arbor RailroadMichigan Supreme Court · 1910

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