Carr v. St. Clair Tunnel Co.
Michigan Supreme Court
Error to St. Clair; Thomas, J. Case by William Carr against the St. Clair Tunnel Company for personal injuries. From a judgment for defendant on verdict directed by the court, plaintiff brings error. Plaintiff was employed by the Grand Trunk Railway Company as brakeman and switchman in its yards on the Canadian side of the defendant’s tunnel.
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Error to St. Clair; Thomas, J. Case by William Carr against the St. Clair Tunnel Company for personal injuries. From a judgment for defendant on verdict directed by the court, plaintiff brings error. Plaintiff was employed by the Grand Trunk Railway Company as brakeman and switchman in its yards on the Canadian side of the defendant’s tunnel. The tunnel is a part of the railroad of the Grand Trunk, although the defendant, a separate corporation, constructed the tunnel and owns it. It was a part of plaintiff’s duty to assist, as brakeman, in running cars through the tunnel, from the summit on…
1Opinion of the CourtGrant, J.
(after stating the facts). Making flying switches is a method in common use by the railroad companies of this country. It was not, therefore, negligence on the part of the defendant to do this work in the usual and customary way. 3 Elliott, R. R. § 1274; Schaible v. Railway Co., 97 Mich. 318 (56 N. W. 565, 21 L. R. A. 660); Pahlan v. Railway Co., 122 Mich. 232 (81 N. W. 103). Other courts have recognized this practice as existing in most pf the railroad yards in the country, and have therefore held that it does not constitute negligence as to employes. Hunt v. Hurd, 39 C. C. A. 226, 98 Fed.…
2Cases cited9 opinions
- Coombs v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1892
- Kelley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1881
- Pahlan v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1899
- Schaible v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1893
- Bengtson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1891
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3Cited by1 opinion
- Graham v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1911