Legal Opinion · Dissent

Grostick v. Detroit, Lansing & Northern Railroad

Michigan Supreme Court

Decided March 18, 1892Published

Error to Livingston. (Newton, J.) Negligence case. Defendant brings error. The facts are stated in the opinion.

1DissentMcGrath, J.

Plaintiff’s intestate was killed by an east-bound passenger train while he was attempting to cross defendant’s track with his team at a . street running north and south at right angles with defendant’s track, 636 feet west of the -station at Howell, known as “East Street.’’ The accompanying diagram will indicate the surroundings.

Decedent was driving south at about 4 o’clock in the afternoon of October 19, 1889. The pilot of the engine struck between the horses and the front wheels of the wagon, instantly killing GrOstick and both horses. The defendant’s right of way is filled in at this point…

2Cases cited45 opinions

  1. Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
  2. Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
  3. Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
  4. Jones v. East Tennessee, Virginia & Georgia RailroadSupreme Court of the United States · 1888
  5. Cahill v. CincinnatiCourt of Appeals of Kentucky · 1891

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