Legal Opinion

Ensley v. Detroit United Railway

Michigan Supreme Court

Decided July 14, 1903No. Docket No. 42PublishedCited by 3 opinions

Error to Oakland; Smith, J. Case by Philo Ensley and Ransom Cole against the Detroit United Railway for the negligent killing of certain stock. From a judgment for plaintiffs, defendant brings -error.'

1Opinion of the CourtMontgomery, J.

The plaintiffs were joint owners of a cow which was of the value of $45, and which has furnished the subject-matter of this litigation. There is no question that the cow was killed by coming in collision with a motor car.on the line of defendant’s road. As the-contention is made that there was no case for the jury, we quote at. some length from the testimony of plaintiff Cole:

“ Last summer, August 22d, I resided on Philo Ensley’s farm, about one-half mile south of the village of Oxford. I resided upon his farm as a tenant. I had one-half interest in the stock and crops on the farm. I kept 12…

2Cases cited3 opinions

  1. McGee v. Consolidated Street Railway Co.Michigan Supreme Court · 1894
  2. Rascher v. East Detroit & Grosse Pointe Railway Co.Michigan Supreme Court · 1892
  3. Dompier v. LewisMichigan Supreme Court · 1902

3Cited by3 opinions

  1. Love v. Detroit, Jackson & Chicago RailroadMichigan Supreme Court · 1912
  2. Reese v. Detroit United RailwayMichigan Supreme Court · 1910
  3. Fishbaine v. White Star LineMichigan Supreme Court · 1923

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