Legal Opinion

Fuller v. Lake Shore & Michigan Southern Railway Co.

Michigan Supreme Court

Decided March 24, 1896PublishedCited by 3 opinions

Error to Lenawee; Lane, J. Case by Lura Fuller, administratrix of the estate of Albert Fuller, deceased, against the Lake Shore & Michigan Southern Railway Company, for negligently causing the death of her intestate. From a judgment for defendant on verdict directed by the court, plaintiff brings error.

1Opinion of the CourtHooker, J.

The plaintiff’s intestate was injured, and died, by reason of stepping into a cattle guard while engaged in an attempt to uncouple cars in a train upon which he was brakeman. This action was brought to *691recover damages, upon the ground that the defendant negligently maintained “a dangerous pitfall, i. e., a culvert 20 inches deep, partly covered with timbers, but leaving openings 6 inches wide between said timbers, upon its track.” The circuit judge directed a verdict for the defendant, and the plaintiff appealed.

Counsel for the plaintiff concede that, if the law required the defendant to…

2Cited by3 opinions

  1. Choctaw, Oklahoma & Gulf Railroad v. ThompsonSupreme Court of Arkansas · 1907
  2. Hathaway v. Detroit, Toledo & Milwaukee Railway Co.Michigan Supreme Court · 1900
  3. Stewart v. Grand Rapids & Indiana RailroadMichigan Supreme Court · 1907

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