Gaines v. Detroit, G. H. & M. Ry. Co., No. 266.

CourtSupreme Court of Michigan
Writing for the CourtBIRD
Citation148 N.W. 397,181 Mich. 376
PartiesGAINES v. DETROIT, G. H. & M. RY. CO. et al.
Decision Date24 July 1914
Docket NumberNo. 266.

181 Mich. 376
148 N.W. 397

GAINES
v.
DETROIT, G. H. & M. RY.
CO. et al.

No. 266.

Supreme Court of Michigan.

July 24, 1914.


Error to Circuit Court, Shiawassee County; Selden S. Miner, Judge.

Action by Clarence D. Gaines against the Detroit, Grand Haven & Milwaukee Railway Company and others. There was a judgment for defendants, and plaintiff brings error. Reversed and remanded.

Argued before McALVAY, C. J., and BROOKE, KUHN, MOORE, STONE, OSTRANDER, BIRD, and STEERE, JJ.

[148 N.W. 397]

Terry & Parsons, of Durand (Geo. E. Pardee, of Owosso, of counsel), for appellant.

Harrison Geer, of Detroit, for appellees.


BIRD, J.

While the plaintiff was employed as a car repairer for the defendant in its yards at Durand, he was severely injured. The circumstances leading to his injury were such that he claims the company was negligent in failing to warn him of the dangers attendant upon his work. The declaration filed included not only a common-law count but a statutory one based upon Act 104, Laws 1909. At the conclusion of the proofs the plaintiff requested the trial court to submit the case to the jury upon the statutory count. The defendant objected to this and took the position that, if any recovery could be had, it must be under the federal act. The trial court, not being impressed with either contention, submitted the case upon the commonlaw count, and the jury returned a verdict in favor of the defendant. The plaintiff assigns error in this court and relies chiefly upon the action of the trial court in submitting the case upon the common-law count.

The record discloses that, when the plaintiff received his injuries, he was assisting in repairing a defective drawbar on a car belonging to the Baltimore & Ohio Railroad Company. The car had brought a load of coal into this state, and the defendant had conveyed it from Detroit to Durand. On its return trip one of its drawbars was found to be defective, and was placed by the defendant upon its repair track.

Under recent rulings of the federal Supreme Court, we think it is clear that the defendant, while dealing with this car, was engaged in interstate commerce, notwithstanding the fact that its own line of railway lies wholly within this state. Johnson v. Southern Pacific, 196 U. S. 1, 25 Sup. Ct. 158, 49 L. Ed. 363;NcNeill v. So. Ry., 202 U. S. 543, 26 Sup. Ct. 722, 50 L. Ed. 1142;St. Louis, etc., Ry. v. Seale, 229 U. S. 156, 33 Sup. Ct. 651, 57 L. Ed. 1129;Baltimore & Ohio Ry. v. Darr, 204 Fed. 751, 124 C. C....

To continue reading

Request your trial
8 practice notes
  • Mississippi Cent R. Co. v. Knight, 24615
    • United States
    • Mississippi Supreme Court
    • 30 Marzo 1925
    ...Nav. Co. v. Holly, 127 La. 615, 53 So. 882; Morrison v. Commercial Towboat Co., 116 N.E. 499; Gaines v. Detroit, G. H. & M. R. Co., 181 Mich. 376, 148 N.W. 397; Trowbridge v. Kansas City & W. B. Ry., 192 Mo.App. 52, 179 S.W. 777; Gulf, C. & S. F. Ry. Co. v. Mathis, 194 S.W. 1135......
  • Sterner v. Mich. Cent. R. Co., No. 47.
    • United States
    • Supreme Court of Michigan
    • 18 Junio 1925
    ...cases involving the federal act have been before this court. We shall first examine some of them. In Gaines v. Detroit, etc., R. Co., 181 Mich. 376, 148 N. W. 397, the plaintiff received his injuries while at work repairing a car used in interstate commerce. It was held that the work plaint......
  • Lewis v. Union Pac. R. Co.
    • United States
    • California Court of Appeals
    • 30 Agosto 1954
    ...72, 15 S.Ct. 491, 39 L.Ed. 624; Rowe v. Colorado & S. R. Co., Tex.Civ.App., 205 S.W. 731; Gaines v. Detroit, G. H. & M. Ry. Co., 181 Mich. 376, 148 N.W. 397. There was an issue as to control of the car at the time of an act of negligence, as contrasted with the time of the accident,......
  • Davis v. Chi., R. I. & P. Ry. Co., No. 19815[212].
    • United States
    • Supreme Court of Minnesota (US)
    • 14 Julio 1916
    ...act. Winters v. M. & St. L. Ry. Co., 126 Minn. 260, 148 N. W. 106, and cases there cited. Gaines v. Detroit, G. H. & M. Ry. Co., 181 Mich. 376, 148 N. W. 397. Keeping a car, coach, or locomotive engaged in such transportation ‘in a usable condition’ seems to be placed with relation ......
  • Request a trial to view additional results
8 cases
  • Mississippi Cent R. Co. v. Knight, 24615
    • United States
    • Mississippi Supreme Court
    • 30 Marzo 1925
    ...Nav. Co. v. Holly, 127 La. 615, 53 So. 882; Morrison v. Commercial Towboat Co., 116 N.E. 499; Gaines v. Detroit, G. H. & M. R. Co., 181 Mich. 376, 148 N.W. 397; Trowbridge v. Kansas City & W. B. Ry., 192 Mo.App. 52, 179 S.W. 777; Gulf, C. & S. F. Ry. Co. v. Mathis, 194 S.W. 1135......
  • Sterner v. Mich. Cent. R. Co., No. 47.
    • United States
    • Supreme Court of Michigan
    • 18 Junio 1925
    ...cases involving the federal act have been before this court. We shall first examine some of them. In Gaines v. Detroit, etc., R. Co., 181 Mich. 376, 148 N. W. 397, the plaintiff received his injuries while at work repairing a car used in interstate commerce. It was held that the work plaint......
  • Lewis v. Union Pac. R. Co.
    • United States
    • California Court of Appeals
    • 30 Agosto 1954
    ...72, 15 S.Ct. 491, 39 L.Ed. 624; Rowe v. Colorado & S. R. Co., Tex.Civ.App., 205 S.W. 731; Gaines v. Detroit, G. H. & M. Ry. Co., 181 Mich. 376, 148 N.W. 397. There was an issue as to control of the car at the time of an act of negligence, as contrasted with the time of the accident,......
  • Davis v. Chi., R. I. & P. Ry. Co., No. 19815[212].
    • United States
    • Supreme Court of Minnesota (US)
    • 14 Julio 1916
    ...act. Winters v. M. & St. L. Ry. Co., 126 Minn. 260, 148 N. W. 106, and cases there cited. Gaines v. Detroit, G. H. & M. Ry. Co., 181 Mich. 376, 148 N. W. 397. Keeping a car, coach, or locomotive engaged in such transportation ‘in a usable condition’ seems to be placed with relation ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT