Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 184Michigan. Supreme Court, George C. Gibbs, Randolph Manning, Thomas McIntyre Cooley, William Jennison, Elijah W. Meddaugh, William Dudley Fuller, Hovey K. Clarke, John Adams Brooks, Hoyt Post, Henry Allen Chaney, James M. Reasoner, Richard W. Cooper, Marquis B. Eaton, Herschel Bouton Lazell Phelphs & Stevens, printers, 1916 |
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Page 15
... 99 , 119 , where it is said , in effect , that in determining whether an injured person did or did not act prudently , in view of circumstances presented to him , the jury must place 1915 ] 15 WELLS v . ANN ARBOR R. Co.
... 99 , 119 , where it is said , in effect , that in determining whether an injured person did or did not act prudently , in view of circumstances presented to him , the jury must place 1915 ] 15 WELLS v . ANN ARBOR R. Co.
Page 23
... effect that entering or remaining upon a railway track in a place of known danger , without first assuring oneself that it is safe to do so , is negligence as a mat- ter of law . The question of defendant's negligence is therefore , in ...
... effect that entering or remaining upon a railway track in a place of known danger , without first assuring oneself that it is safe to do so , is negligence as a mat- ter of law . The question of defendant's negligence is therefore , in ...
Page 24
... effect of the defendant's negligence upon the duty of the plaintiff in the premises is well pointed out in Ellis v . Railroad Co. , 169 Mass . 600 ( 48 N. E. 839 ) , where it is said : " While the raising of the gates justified the ...
... effect of the defendant's negligence upon the duty of the plaintiff in the premises is well pointed out in Ellis v . Railroad Co. , 169 Mass . 600 ( 48 N. E. 839 ) , where it is said : " While the raising of the gates justified the ...
Page 32
... effect . " When the second contract was made there was in storage in Baltimore 350 tons of paper , placed there for defendants . The supplemental contract was made the same day the second contract was made . It reads : " July 6 , 1909 ...
... effect . " When the second contract was made there was in storage in Baltimore 350 tons of paper , placed there for defendants . The supplemental contract was made the same day the second contract was made . It reads : " July 6 , 1909 ...
Page 40
... effect until approved by a majority of the electors voting thereon in the district to be affected . ' " It is insisted upon the part of the State that the act in question is a special act and that a general act can be made applicable ...
... effect until approved by a majority of the electors voting thereon in the district to be affected . ' " It is insisted upon the part of the State that the act in question is a special act and that a general act can be made applicable ...
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Common terms and phrases
accident action affirmed agreement alleged amended amount Ann Arbor Railroad appears appellee assessment Assumpsit bailment Boeing brings error BROOKE cause certiorari charge circuit court city of Detroit claim complainant concurred condition contract contributory negligence counsel court of equity court of record damages deceased decedent Decided March 17 decree deed defendant defendant's direct a verdict directed verdict Docket duty employment engine entitled evidence fact fendant filed follows Fordney Grand Haven Grand Rapids Heliker husband injury judgment jury KUHN land lease March 17 Marsac Martin Stephan MCALVAY ment Michigan MOORE mortgage negligence opinion OSTRANDER paid parties payment person plaintiff premises proceedings question railroad Railroad Co Railway reason record recover refused rule Shirley Ross Stat statute STEERE Submitted taxes testified testimony thereon tion township track trammers trial court wife wires witness Ypsilanti
Popular passages
Page 282 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
Page 283 - All laws now in force in the territory of Wisconsin, which are not repugnant to this constitution, shall remain in force until they expire by their own limitation, or be altered or repealed by the legislature.
Page 271 - Under such general laws, the electors of each city and village shall have power and authority to frame, adopt and amend its charter...
Page 237 - It is claimed by some recent writers that it was not the intention of the framers of the Constitution to confer...
Page 91 - It is sufficient to say that an injury is received 'in the course of the employment when it comes while the workman is doing the duty which he is employed to perform.
Page 230 - If any implication is to be indulged from the delivery of the goods under the general notice, it is as strong that the owner intended to insist upon his rights and the duties of the carrier, as it is that he assented to their qualification. The burden of proof lies on the carrier, and nothing short of an express stipulation by parol or in writing should be permitted to discharge him from duties which the law has annexed to his employment.
Page 65 - ... shall well, truly and faithfully comply with all the terms, covenants and conditions of said contract on their part to be kept and performed according to its tenor, then this obligation to be null and void, otherwise to be and remain in full force and virtue in law.
Page 92 - ... out of the employment. But it excludes an injury which cannot fairly be traced to the employment as a contributing proximate cause and which comes from a hazard to which the workman would have been equally exposed apart from the employment. The causative danger must be peculiar to the work and not common to the neighborhood.
Page 623 - ... companies, and all other companies owning, leasing, running or operating any freight, stock, refrigerator, or any other cars, not being exclusively the property of any railroad company paying taxes upon its rolling stock under the provisions of this act...
Page 230 - The burden of proof lies on the carrier, and nothing short of an express stipulation by parol or in writing should be permitted to discharge him from duties which the law has annexed to his employment. The exemption from these duties should not depend upon implication or inference, founded on doubtful and conflicting evidence ; but should be specific and certain, leaving no room for controversy between the parties.