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 1
... negligence , under a declaration which failed to count upon any theory of discovered negligence . KUHN and MOORE , JJ . , dissenting . 2. SAME - TRIAL - OPENING STATEMENT . Since it is , as a rule , improper to argue the facts or the ...
... negligence , under a declaration which failed to count upon any theory of discovered negligence . KUHN and MOORE , JJ . , dissenting . 2. SAME - TRIAL - OPENING STATEMENT . Since it is , as a rule , improper to argue the facts or the ...
Page 12
... of gross negligence . Thereafter the court instructed the jury upon the subject of gross negligence , applying the doctrine in this wise : " And if said engineer did actually see Mrs. Layton 12 [ Jan. 184 MICHIGAN REPORTS .
... of gross negligence . Thereafter the court instructed the jury upon the subject of gross negligence , applying the doctrine in this wise : " And if said engineer did actually see Mrs. Layton 12 [ Jan. 184 MICHIGAN REPORTS .
Page 13
... negligence : " In the first place , your honor , the defendant was guilty of gross negligence in not lighting its premises so the motormen could have seen persons congregat- ing at the platform and signaling them . There is no ...
... negligence : " In the first place , your honor , the defendant was guilty of gross negligence in not lighting its premises so the motormen could have seen persons congregat- ing at the platform and signaling them . There is no ...
Page 14
... negligence of defendant is indicated by the declaration . These considerable references to the record are made to show how wide a range the testimony took and how many subjects were covered by the charge of the court , when in fact the ...
... negligence of defendant is indicated by the declaration . These considerable references to the record are made to show how wide a range the testimony took and how many subjects were covered by the charge of the court , when in fact the ...
Page 17
... NEGLIGENCE - PERSONAL INJURIES- CROSSINGS - DUTY TO LOOK AND LISTEN . Plaintiff was a woman 64 years of age who had resided immediately adjoining defendant's track near a crossing . She was familiar with the crossing and custom of the ...
... NEGLIGENCE - PERSONAL INJURIES- CROSSINGS - DUTY TO LOOK AND LISTEN . Plaintiff was a woman 64 years of age who had resided immediately adjoining defendant's track near a crossing . She was familiar with the crossing and custom of the ...
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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.