Joslin v. Le Baron
Michigan Supreme Court
Error to Clinton. Trespass on the case for damages. Plaintiff brings error. Failure to turn out seasonably to avoid striking a vehicle left standing by the roadside is oprima facie evidence of negligence : Burdick v. Worrall 4 Barb. 596 ; negligence is not a question of law, but is a question of fact for the jury : Chicago & Alt. R. R. v. Pennell 21 Alb. L. J. 214, 1880 ; Southworth v. Old Colony R. R. 105 Mass. 342; Eilert v. Green Bay & Minn. R. Co. 48 Wis. 606.
1Opinion of the CourtCampbell, J.
This case which was before us at a former term (Le Baron v. Joslin 41 Mich. 313) now comes up on error after a second trial in which defendant prevailed. As the chief facts-appear very much as they did before, a brief reference will be all that is needed.
*161Joslin sued Le Baron for driving Ms wagon against a wheel of plaintiff’s buggy and breaMng it. Joslin had hitched his team to a post by the side of a travelled highway, in such a manner that the buggy stood out diagonally in the street between sixteen and seventeen feet. The finding of the jury shows that this brought the wheels so near the…
2Cases cited1 opinion
- Baron v. JoslinMichigan Supreme Court · 1879
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