Rajnowski v. Detroit, B. C. & A. R. Co.

CourtSupreme Court of Michigan
Writing for the Court[74 Mich. 23] CHAMPLIN, J.
Citation74 Mich. 20,41 N.W. 847
PartiesRAJNOWSKI v. DETROIT, B. C. & A. R. CO.
Decision Date08 February 1889

41 N.W. 847

74 Mich. 20

RAJNOWSKI
v.
DETROIT, B. C. & A. R. CO.

Supreme Court of Michigan

February 8, 1889


Error to circuit court, Alpena county; KELLEY, Judge.

Action by Catharine Rajnowski, as administratrix of Thomas Rajnowski, against the Detroit, Bay City & Alpena Railroad Company, to recover for the death of her intestate caused by the alleged negligence of defendant. There was judgment for plaintiff, and defendant brings error. [41 N.W. 848]

[74 Mich. 21] A. M. Henry, (Shields & McNamara, of counsel,) for appellant.

[74 Mich. 22] Cobb & Currier, (Depew & Rutherford, of counsel,) for appellee.

[74 Mich. 23] CHAMPLIN, J.

On the 13th day of March, 1888, at about 8 o'clock in the evening, a house standing about 15 feet from defendant's railroad track caught fire, and was entirely consumed. It was occupied by two families, one of whom was the family of Cahsmer Rajnowski, which consisted of his wife and five children. Cahsmer Rajnowski was not living with his family at the time, and only four of the children were at home on the night of the fire. The mother was absent, and had left the care of the children with her mother, who was then 84 years of age. She appears, however, to be in possession of her faculties, and not decrepit. The children's names and ages were as follows: [74 Mich. 24] Annie, aged 15; Balbine, also called Bene, aged 13; Joseph, aged 8; Thomas, aged 5; and Victoria, aged 3 years. The three younger children had retired for the night, and all escaped from the burning dwelling except Thomas, who was burned to death. This action is brought against the defendant railroad company for causing the death of Thomas by and through its negligence. The declaration after setting out the preliminary facts alleges "that it was before that time, and then, the duty of the said defendant to keep its locomotives in such condition that they would not permit sparks, cinders, and fire to escape from them, and burn up and injure the property of the plaintiff and said intestate, or destroy the life of said plaintiff or said intestate, Thomas Rajnowski, or cause the death of either of them; yet the said defendant, not regarding its said duty, or using due care in that behalf, did not keep its said locomotives in such condition and repair that sparks, cinders, and fire would not escape therefrom, but, on the contrary thereof, before that time, negligently suffered one of its locomotives to be so out of repair, and in such defective condition; and then, on said 13th day of March, 1888, negligently suffered the same to remain so out of repair, and in such defective condition, by means whereof sparks, cinders, and fire then and there were emitted, and thrown from a locomotive engine and train of the said defendant, on said branch of the said Detroit, Bay City & Alpena Railroad, then and there igniting the said dwelling-house in which the said plaintiff and the said Thomas Rajnowski were living, and the said dwelling-house was entirely consumed by fire, so negligently and carelessly ignited by said locomotive engine; and when said house was so consumed by fire the said intestate, Thomas Rajnowski, was sleeping in said dwelling-house,...

To continue reading

Request your trial
31 practice notes
  • Currie v. Fiting, No. 76
    • United States
    • Supreme Court of Michigan
    • April 1, 1964
    ...482); Balch v. [Grand Rapids & I.] Railroad Co., 67 Mich. 394, 396, 34 N.W.Rep. 884; Rajnowski v. [Detroit, B. C. & A.] Railway Co. [74 Mich. 20] 41 N.W. Nelson v. Lake Shore & M. S. Railyway Co., 104 Mich. 582, at 585, 62 N.W. 993, at 994: 'The compensation provided by the statute is stric......
  • Courtney v. Apple, No. 49
    • United States
    • Supreme Court of Michigan
    • October 1, 1955
    ...306 Mich. 689, 697, 11 N.W.2d 291. Such approval was in accord with prior decisions. In rajnowski v. Detroit, B. C. & A. Railroad Co., 74 Mich. 20, 41 N.W. 847, 849, it was 'The defendant produced witnesses who were fathers of children, and had reared them from infancy to manhood, and inqui......
  • Christensen v. Oregon Short Line R. Co., 1626
    • United States
    • Supreme Court of Utah
    • April 14, 1905
    ...Berg v. Great N. R. Co., 70 Minn. 272; 73 N.W. 648; Liming v. Ill. R. Co., 81 Iowa 246, 47 N.W. 66; Raynowski v. Detroit, etc., R. Co., 74 Mich. 20; 1 Thompson on Neg. (Last Ed.), secs. 324-328; 2 Thompson on Neg. (Last Ed.), sec. 1492.) McCARTY, J., delivered the opinion of the court. STRA......
  • Lincoln v. Detroit & M. Ry. Co.
    • United States
    • Supreme Court of Michigan
    • March 26, 1914
    ...Co. v. Bayfield, 37 Mich. 205;Cooper v. L. S. & M. S. Ry. Co., 66 Mich. 261, 33 N. W. 306,11 Am. St. Rep. 482; Rajnowski v. Railroad Co., 74 Mich. 20, 41 N. W. 847;Nelson v. Railway Co., 104 Mich. 582, 62 N. W. 993;Miller v. Tp. of Meade, 128 Mich. 98, 87 N. W. 131;Black v. Mich. Cent. R. C......
  • Request a trial to view additional results
31 cases
  • Currie v. Fiting, No. 76
    • United States
    • Supreme Court of Michigan
    • April 1, 1964
    ...482); Balch v. [Grand Rapids & I.] Railroad Co., 67 Mich. 394, 396, 34 N.W.Rep. 884; Rajnowski v. [Detroit, B. C. & A.] Railway Co. [74 Mich. 20] 41 N.W. Nelson v. Lake Shore & M. S. Railyway Co., 104 Mich. 582, at 585, 62 N.W. 993, at 994: 'The compensation provided by the statute is stric......
  • Courtney v. Apple, No. 49
    • United States
    • Supreme Court of Michigan
    • October 1, 1955
    ...306 Mich. 689, 697, 11 N.W.2d 291. Such approval was in accord with prior decisions. In rajnowski v. Detroit, B. C. & A. Railroad Co., 74 Mich. 20, 41 N.W. 847, 849, it was 'The defendant produced witnesses who were fathers of children, and had reared them from infancy to manhood, and inqui......
  • Christensen v. Oregon Short Line R. Co., 1626
    • United States
    • Supreme Court of Utah
    • April 14, 1905
    ...Berg v. Great N. R. Co., 70 Minn. 272; 73 N.W. 648; Liming v. Ill. R. Co., 81 Iowa 246, 47 N.W. 66; Raynowski v. Detroit, etc., R. Co., 74 Mich. 20; 1 Thompson on Neg. (Last Ed.), secs. 324-328; 2 Thompson on Neg. (Last Ed.), sec. 1492.) McCARTY, J., delivered the opinion of the court. STRA......
  • Lincoln v. Detroit & M. Ry. Co.
    • United States
    • Supreme Court of Michigan
    • March 26, 1914
    ...Co. v. Bayfield, 37 Mich. 205;Cooper v. L. S. & M. S. Ry. Co., 66 Mich. 261, 33 N. W. 306,11 Am. St. Rep. 482; Rajnowski v. Railroad Co., 74 Mich. 20, 41 N. W. 847;Nelson v. Railway Co., 104 Mich. 582, 62 N. W. 993;Miller v. Tp. of Meade, 128 Mich. 98, 87 N. W. 131;Black v. Mich. Cent. R. C......
  • 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