Tucker v. Chicaco & Grand Trunk Railway Co.
Michigan Supreme Court
Error to Eaton; Smith, J. Case by Servetus H. Tucker against the Chicago & Grand Trunk Railway Company for personal and other injuries. From a judgment for plaintiff, defendant brings error. About three-quarters of a mile westerly of Bellevue station, plaintiff, while riding in a top buggy drawn by two gentle horses, with its sides and back closed, was struck upon the highway crossing by the defendant’s fast train, running at the rate of from 45 to 55 miles an hour.
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Error to Eaton; Smith, J. Case by Servetus H. Tucker against the Chicago & Grand Trunk Railway Company for personal and other injuries. From a judgment for plaintiff, defendant brings error. About three-quarters of a mile westerly of Bellevue station, plaintiff, while riding in a top buggy drawn by two gentle horses, with its sides and back closed, was struck upon the highway crossing by the defendant’s fast train, running at the rate of from 45 to 55 miles an hour. His daughter (15 years old) and his horses were killed, and he was seriously injured. For this injury he brought suit, and…
1Opinion of the CourtGrant, C. J.
(after stating the facts). Plaintiff himself did not look or listen while going 93 feet. A look at any time within 75 feet would have disclosed the coming train. Either his daughter did not look, or, if she looked, gave no warning. That she could have seen is unquestioned, for there was nothing to obstruct her vision. Defendant was running its cars at a lawful rate of speed. It was in the country. There was no occasion for slacking speed until some danger was apparent. The fact that the train was late is immaterial. Travelers are charged *151with notice of the fact that trains are often behind…
2Cases cited7 opinions
- Artz v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
- Gardner v. Detroit, Lansing & Northern RailroadMichigan Supreme Court · 1893
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. FrazeIndiana Supreme Court · 1898
- Grostick v. Detroit, Lansing & Northern RailroadMichigan Supreme Court · 1892
- Chicago, R. I. & P. Ry. Co. v. PoundsCourt of Appeals for the Eighth Circuit · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Amedeo v. Grand Rapids & Indiana Railway Co.Michigan Supreme Court · 1921
- DeCorte v. New York Central RailroadMichigan Supreme Court · 1966
- Buchthal v. New York Central RailroadMichigan Supreme Court · 1952
- Folkmire v. Michigan United Railways Co.Michigan Supreme Court · 1909
- Despres v. Boston & Maine RailroadSupreme Court of New Hampshire · 1935
10 more not listed; retrieve them via the Exa API.