Glappa v. Boomer

CourtSupreme Court of Michigan
Writing for the CourtBROOKE
PartiesGLAPPA v. BOOMER et al.
Decision Date26 March 1914

179 Mich. 76
146 N.W. 134

GLAPPA
v.
BOOMER et al.

Supreme Court of Michigan.

March 26, 1914.


Error to Circuit Court, Wayne County; Patrick J. M. Hally, Judge.

Action by Casimir Glappa against Isaac E. Boomer, doing business as the Michigan Builders' Supply Company, and the Detroit, Grand Haven & Milwaukee Railroad Company. Judgment for plaintiff against the Railroad Company and it brings error. Affirmed.

Defendant Boomer, a dealer in sand, lime, cement gravel, and like products, maintains a yard east of and adjoining the defendant railway company's right of way, between Forest and Garfield avenues, in the city of Detroit. A private side track was built into said yard connecting with the defendant railway under a contract between defendant Boomer and the railway, which provided: ‘The contractor (Boomer) shall * * * at all times keep the whole of said siding clear of sand, ice, and obstructions.’ At one point along the side track Boomer had caused to be unloaded several car loads of sand. This pile of sand, the exact height of which is in dispute, sloped towards the side track. On July 29, 1909, a string of six cars stood upon said side track. Plaintiff, a teamster employed by Boomer, was engaged in shoveling crushed stone from one of these cars into his wagon, which stood alongside the car. Some of the cars were loaded, some empty. At about 2:30 p. m., defendant railway sent its switching crew to the yard to perform the necessary switching operations. Plaintiff was duly notified that the car he was working upon was to be moved, and he was ordered to drive away. He thereupon mounted his wagon and drove a very short distance, coming to a stand at a point which left the rear wheel of his wagon not more than 3 1/2 feet from the nearest rail of the side track. The cars were then slowly moved in a southerly direction. In passing the sand pile, the rear trucks of an empty car left the rails, and before the train could be stopped it had come into collision with the wagon. The jolt was a slight one resulting in no damage to either the wagon or the car, but it was sufficient to throw plaintiff from the wagon to the ground. In falling, plaintiff suffered a double fracture of one of his legs.

Plaintiff introduced evidence tending to show that on the night previous to the day of the accident there was a very heavy rain; that the rain washed the sand from the pile down to, over, and upon the side track to a depth of several inches; and that the cars were moved while the sand was on the rails, thus causing the derailment.

Both defendants offered evidence tending to show that the track was cleaned before the switching operation, but offered no explanation of the cause of the derailment.

It was...

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6 practice notes
  • Mo. Dist. Telegraph Co. v. S.W. Bell Tel. Co., No. 34562.
    • United States
    • United States State Supreme Court of Missouri
    • March 18, 1936
    ...v. Mo. Dist. Tel. Co., 43 S.W. (2d) 568, 328 Mo. 1026; 3 Labatt on Master & Servant, p. 2713; 45 C.J., pp. 653-654; Glappa v. Bloomer, 146 N.W. 134; Detroit Co. v. Bloomer, 160 N.W. 542; Village v. Citizens Tel. Co., 173 N.W. 382; Eastern Tex. Elec. Co. v. Joiner, 27 S.W. (2d) Smith B. ......
  • Buffa v. General Motors Corporation, No. 13624.
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Western District Michigan)
    • May 20, 1955
    ...v. Grant, 135 Mich. 626, 98 N.W. 405; Grant v. Maslen, 151 Mich. 466, 115 N.W. 472, 16 L.R.A.,N.S., 910; Glappa v. Detroit, etc., R. Co., 179 Mich. 76, 146 N.W. 134; Detroit G. H. & M. R. Co. v. Boomer, 194 Mich. 52, 160 N.W. 542; Township of Hart v. Noret, 191 Mich. 427, 158 N.W. 17, L......
  • Vill. of Portland v. Citizens' Tel. Co., No. 38.
    • United States
    • Supreme Court of Michigan
    • July 17, 1919
    ...who brought suit and recovered judgment against the railroad company, which was affirmed by this court. Glappa v. Detroit, etc., R. Co., 179 Mich. 76, 146 N. W. 134. Thereupon the railroad company brought suit to recover over against Boomer under the provisions of the contract. We there hel......
  • Union Elec. Co. v. Lovell Livestock Co., No. 7013.
    • United States
    • Montana United States State Supreme Court of Montana
    • March 21, 1933
    ...free from snow and ice, for that was the very object and purpose of the contract. The cases of Glappa v. Detroit, G. H. & M. R. Co., 179 Mich. 76, 146 N. W. 134, and Detroit, G. H. & M. Ry. Co. v. Boomer, 194 Mich. 52, 160 N. W. 542, are relied upon by defendant as sustaining the ac......
  • Request a trial to view additional results
6 cases
  • Mo. Dist. Telegraph Co. v. S.W. Bell Tel. Co., No. 34562.
    • United States
    • United States State Supreme Court of Missouri
    • March 18, 1936
    ...v. Mo. Dist. Tel. Co., 43 S.W. (2d) 568, 328 Mo. 1026; 3 Labatt on Master & Servant, p. 2713; 45 C.J., pp. 653-654; Glappa v. Bloomer, 146 N.W. 134; Detroit Co. v. Bloomer, 160 N.W. 542; Village v. Citizens Tel. Co., 173 N.W. 382; Eastern Tex. Elec. Co. v. Joiner, 27 S.W. (2d) Smith B. Atwo......
  • Buffa v. General Motors Corporation, No. 13624.
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Western District Michigan)
    • May 20, 1955
    ...v. Grant, 135 Mich. 626, 98 N.W. 405; Grant v. Maslen, 151 Mich. 466, 115 N.W. 472, 16 L.R.A.,N.S., 910; Glappa v. Detroit, etc., R. Co., 179 Mich. 76, 146 N.W. 134; Detroit G. H. & M. R. Co. v. Boomer, 194 Mich. 52, 160 N.W. 542; Township of Hart v. Noret, 191 Mich. 427, 158 N.W. 17, L.R.A......
  • Vill. of Portland v. Citizens' Tel. Co., No. 38.
    • United States
    • Supreme Court of Michigan
    • July 17, 1919
    ...who brought suit and recovered judgment against the railroad company, which was affirmed by this court. Glappa v. Detroit, etc., R. Co., 179 Mich. 76, 146 N. W. 134. Thereupon the railroad company brought suit to recover over against Boomer under the provisions of the contract. We there hel......
  • Union Elec. Co. v. Lovell Livestock Co., No. 7013.
    • United States
    • Montana United States State Supreme Court of Montana
    • March 21, 1933
    ...ditch free from snow and ice, for that was the very object and purpose of the contract. The cases of Glappa v. Detroit, G. H. & M. R. Co., 179 Mich. 76, 146 N. W. 134, and Detroit, G. H. & M. Ry. Co. v. Boomer, 194 Mich. 52, 160 N. W. 542, are relied upon by defendant as sustaining the acti......
  • Request a trial to view additional results

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