Lucas v. Marquette City & Presque Isle Railway Co.

Michigan Supreme Court

Lucas v. Marquette City & Presque Isle Railway Co.

98 N.W. 980, 136 Mich. 142, 1904 Mich. LEXIS 667

CourtMichigan Supreme Court

DecidedMarch 23, 1904

DocketDocket No. 107

StatusPublished

Cited by2 cases

This text of 98 N.W. 980 (Lucas v. Marquette City & Presque Isle Railway Co.) 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

Lucas v. Marquette City & Presque Isle Railway Co., 98 N.W. 980, 136 Mich. 142, 1904 Mich. LEXIS 667 (Mich. 1904).

Pincite

Opinion

Grant, J.

(after stating the facts). There was evidence to sustain both theories. The fact that plaintiff fell 75 feet from the stopping place is not conclusive that he jumped from the car. There is evidence that he had hold of the rail with his left hand, and, with his dinner pail in his right, stood with one foot on the lower step, in the act •of alighting; and that he held on fqr a while after the car started. The question was clearly one for the jury.

Judgment affirmed.

The other Justices concurred.

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Grant, J.

(after stating the facts). There was evidence to sustain both theories. The fact that plaintiff fell 75 feet from the stopping place is not conclusive that he jumped from the car. There is evidence that he had hold of the rail with his left hand, and, with his dinner pail in his right, stood with one foot on the lower step, in the act •of alighting; and that he held on fqr a while after the car started. The question was clearly one for the jury.

Judgment affirmed.

The other Justices concurred.

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Bluebook (online)

98 N.W. 980, 136 Mich. 142, 1904 Mich. LEXIS 667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lucas-v-marquette-city-presque-isle-railway-co-mich-1904.

Opinion

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