Cole v. Detroit Electric Railway
Michigan Supreme Court
Error to Wayne; Hosmer, J. Case by George W. Cole, adininistrator of the estate of Winifred Cole, deceased, against the Detroit Electric Railway and the Detroit United Railway, for the alleged negligent killing of plaintiff’s intestate. From a judgment for plaintiff, defendants bring error.
Read the full summary
Error to Wayne; Hosmer, J. Case by George W. Cole, adininistrator of the estate of Winifred Cole, deceased, against the Detroit Electric Railway and the Detroit United Railway, for the alleged negligent killing of plaintiff’s intestate. From a judgment for plaintiff, defendants bring error. Plaintiff’s daughter Winifred, 2£ years old, was run over and killed by the defendant’s car, which was running north on the easterly one of the two tracks on Fourteenth avenue at the intersection with Harper avenue. The declaration charges that the car had stopped at Harper avenue to let passengers off;…
1Opinion of the CourtGrant, J.
(after stating the facts). The verdict and judgment have no other foundation than the testimony of the witness Mabel Perry. If the testimony given by her at the inquest is true, the defendant is not liable. If her testimony given upon the trial be true, not .only is the defendant liable for damages, but the motorman is liable to indictment for manslaughter, • — ■ for conduct wholly regardless of human life. If the versions of this accident given by this witness on the two occasions are directly contrary to each other, and there is no reasonable explanation for her change of testimony upon the…
2Cases cited2 opinions
- Whipple v. Michigan Central RailroadMichigan Supreme Court · 1902
- Brassel v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Michigan Supreme Court · 1894
3Cited by7 opinions
- Hintz v. Michigan Central RailroadMichigan Supreme Court · 1903
- People v. SpencerMichigan Supreme Court · 1917
- Gregory v. Detroit United RailwayMichigan Supreme Court · 1904
- Line v. Grand Rapids & Indiana Railway Co.Michigan Supreme Court · 1906
- Ollenbrook v. BertlingMichigan Supreme Court · 1920
2 more not listed; retrieve them via the Exa API.