Home/Michigan Supreme Court/King v. Ann Arbor Railroad

King v. Ann Arbor Railroad

100 N.W. 783, 137 Mich. 487, 1904 Mich. LEXIS 600
CourtMichigan Supreme Court
DecidedSeptember 13, 1904
DocketDocket No. 20
StatusPublished
Cited by2 cases

This text of 100 N.W. 783 (King v. Ann Arbor Railroad) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
King v. Ann Arbor Railroad, 100 N.W. 783, 137 Mich. 487, 1904 Mich. LEXIS 600 (Mich. 1904).

Opinion

Moore, C. J.

This cause comes into this court on a writ of error to reverse a judgment rendered in favor of the plaintiff for damages for wrongfully causing the death of the plaintiff’s husband, Sheridan J. King.

The accident by which Mr. King came to his death occurred on the 26th day of June, 1902, at Frankfort. The accompanying plat will help understand the situation.

It is the claim of plaintiff and admitted by defendant that instead of the boat getting out as far as “F” it was midway between “E”and “ F.” The defendant company has its terminus at Frankfort. The harbor consists of a small lake, known as “ Lake Betsey,” connected with Lake Michigan by a channel about 200 feet wide between parallel docks. This channel runs nearly east and west. At the easterly end of the northerly pier it is built at right-angles, and extends northerly several hundred feet, bordering upon Lake Betsey, furnishing a landing place for passengers for a large hotel. At the easterly end of the northerly dock or pier there is at-a short distance from the face of the dock a clump of piles not connected with the [489]*489«dock. These piles are loosely bound together by a chain, and are called “fender.” piles. They are designed to protect the corner of the dock, and also vessels approaching the corner of the dock, from injury. The dock is a substantial timber structure about five feet above the water line. There is just about at the water line a 10-inch timber ^extending out from the dock, forming a ledge upon which [490]*490a man can stand or walk. In passing around the corner of the dock on this ledge a man would pass between the spring piles and the face of the dock. These piles extend some 4 or 5 feet above the level of the pier. Just before the accident Mr. King had been engaged in painting a small shed belonging to the government which stood on the pier about 15 feet from its easterly end, and within 14 inches of the channel side. He had rowed over from the south side in the morning in a small rowboat belonging to the United States government, in whose employ he was, and had tied his boat kr the foot of a small ladder on the east end of the dock. The ladder is made of 2x4 pieces nailed to the face of the dock with four cleats for crosspieces. In tying this boat Mr. King passed the rope between the clump of piles and the dock. The rowboat was riding out into the water of the channel. One of the defendant’s car ferries had. been stopped at the hotel dock.. It was then backed out into Lake Betsey. She was in charge of Oapt. Robertson, who was on the pilot house, about the center of the boat, and 20 feet from the side. When his vessel was about 200 feet from the corner of the dock Oapt. Robertson, called out to the men on the dock, “ Somebody pull that boat in out of the way;” or, “ Get that boat out of the way.” There were at the time one or two other men on the dock besides Mr. King. The latter heard the call, got down from the building he was painting, and walked east toward the end of the dock. When he arrived at the top of the small ladder, he turned, backed down the ladder, and stooped down to untie the rope. In so doing he leaned against the spring piling, and he was in this position when the large vessel struck against the piling, and he was killed. Suit was brought, with the-result already indicated.

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Related

Stetson v. Mackinac Transportation Co.
148 N.W. 759 (Michigan Supreme Court, 1914)
King v. Ann Arbor Railroad
107 N.W. 868 (Michigan Supreme Court, 1906)

Cite This Page — Counsel Stack

Bluebook (online)
100 N.W. 783, 137 Mich. 487, 1904 Mich. LEXIS 600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/king-v-ann-arbor-railroad-mich-1904.