Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volum 184
Michigan. Supreme Court, Harry Burns Hutchins, George C. Gibbs, Randolph Manning, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, James M. Reasoner, Herschel Bouton Lazell, Van Buren Denslow, Richard W. Cooper, Marshall Davis Ewell, John L. Stoddard, Edgar Arthur Cooley, Edward Gott (A.), Russell Cowles Ostrander
Phelphs & Stevens, printers, 1916
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accident action affirmed agreement alleged amended amount appeal appellee assessment Assumpsit bailment Boeing brings error Brooke cause certiorari charge circuit court Circuit Judge city of Detroit claim Comp complainant concurred condition Constitution contract contributory negligence corporation counsel court of equity court of record damages deceased decedent decree deed defendant defendant's direct a verdict directed verdict Docket duty entitled evidence fact fendant filed follows Fordney Grand Haven Grand Rapids held Heliker husband injury judgment jury Kuhn land lease March 17 Marsac Martin Stephan Master and Servant matter McAlvay ment Michigan Moore mortgage motion negligence Ostrander paid parties payment person plaintiff premises proceedings question railroad Railway reason record recover refused rule Shirley Ross Stat statute Steere Submitted taxes tending to show testified testimony thereof tion township track trial court wife wire witness Ypsilanti
Side 282 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
Side 271 - Under such general laws, the electors of each city and village shall have power and authority to frame, adopt and amend its charter...
Side 237 - It is claimed by some recent writers that it was not the intention of the framers of the Constitution to confer...
Side 91 - It is sufficient to say that an injury is received 'in the course of the employment when it comes while the workman is doing the duty which he is employed to perform.
Side 230 - If any implication is to be indulged from the delivery of the goods under the general notice, it is as strong that the owner intended to insist upon his rights and the duties of the carrier, as it is that he assented to their qualification. The burden of proof lies on the carrier, and nothing short of an express stipulation by parol or in writing should be permitted to discharge him from duties which the law has annexed to his employment.
Side 65 - ... shall well, truly and faithfully comply with all the terms, covenants and conditions of said contract on their part to be kept and performed according to its tenor, then this obligation to be null and void, otherwise to be and remain in full force and virtue in law.
Side 92 - ... out of the employment. But it excludes an injury which cannot fairly be traced to the employment as a contributing proximate cause and which comes from a hazard to which the workman would have been equally exposed apart from the employment. The causative danger must be peculiar to the work and not common to the neighborhood.
Side 623 - ... companies, and all other companies owning, leasing, running or operating any freight, stock, refrigerator, or any other cars, not being exclusively the property of any railroad company paying taxes upon its rolling stock under the provisions of this act...
Side 230 - The burden of proof lies on the carrier, and nothing short of an express stipulation by parol or in writing should be permitted to discharge him from duties which the law has annexed to his employment. The exemption from these duties should not depend upon implication or inference, founded on doubtful and conflicting evidence ; but should be specific and certain, leaving no room for controversy between the parties.