Close v. Lake Shore & Michigan Southern Railway Co.
Michigan Supreme Court
Error to Allegan. (Arnold, J.) Case. Plaintiff brings error. The facts are stated in the opinion. 1. A view is allowed to enable a jury to understand the evidence, not to make witnesses of themselves; citing Glose v. 8amm, 27 Iowa, 503; Wright v. Carpenter, 49 Cal. 609; Brahlcen v. Railway Co., 29 Minn. 41; Neilson v. Railway Co., 58 Wis. 516. 2. It was negligence on the part of the defendant to leave its empty cars upon its side track in the manner claimed by plaintiff, and…
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Error to Allegan. (Arnold, J.) Case. Plaintiff brings error. The facts are stated in the opinion. 1. A view is allowed to enable a jury to understand the evidence, not to make witnesses of themselves; citing Glose v. 8amm, 27 Iowa, 503; Wright v. Carpenter, 49 Cal. 609; Brahlcen v. Railway Co., 29 Minn. 41; Neilson v. Railway Co., 58 Wis. 516. 2. It was negligence on the part of the defendant to leave its empty cars upon its side track in the manner claimed by plaintiff, and his right to recover did not depend simply upon the want of negligence upon his part and proof that the defendant was…
1Opinion of the CourtSherwood, C. J.
The plaintiff in this case seeks to recover against the defendant for personal injuries claimed to have been received by him while attempting to cross the defendant’s track on Broad street, in the village of Plainwell, in the county of Allegan, on September 6, 1886. It is his claim that, then and there, without any fault on his part, he was struck, while attempting to make the crossing with his horse and wagon, by an engine of the defendant running at a very high rate of speed, thrown from his wagon upon the ground, and seriously injured, and his wagon completely destroyed; that *650such, injury…
2Cases cited5 opinions
- Brakken v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1881
- Close v. SammSupreme Court of Iowa · 1869
- Chute v. StateSupreme Court of Minnesota · 1872
- Klanowski v. Grand Trunk Railway Co.Michigan Supreme Court · 1885
- Guggenheim v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1885
3Cited by1 opinion
- People v. HarriganMichigan Supreme Court · 1922