Bennett v. Detroit Citizens' Street-Railway Co.
Michigan Supreme Court
Error to "Wayne; Hosmer, J. Case by Grant S. Bennett against the Detroit Citizens’ Street-Railway Company for personal injuries. From a judgment for defendant on verdict directed by the court, plaintiff brings error. Plaintiff, while crossing the tracks of defendant’s railway on Congress street on his bicycle, was struck by a car and injured. Congress street runs easterly from Woodward avenue, and on it the defendant maintains a double-track electric railway.
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Error to "Wayne; Hosmer, J. Case by Grant S. Bennett against the Detroit Citizens’ Street-Railway Company for personal injuries. From a judgment for defendant on verdict directed by the court, plaintiff brings error. Plaintiff, while crossing the tracks of defendant’s railway on Congress street on his bicycle, was struck by a car and injured. Congress street runs easterly from Woodward avenue, and on it the defendant maintains a double-track electric railway. Larned street is the first street south of Congress, and runs parallel with it. Randolph street is the second street easterly of…
1Opinion of the CourtGrant, J.
(after stating the facts). Plaintiff attempts to excuse his failure to look to the west by saying that he “heard a noise seemingly coming from the right. I thought the noise indicated that a street car was coming from the east.” He knew that cars were liable to come from either direction at any moment. A glance, occupying scarcely a second, at a distance of 28 feet from the track, would have shown him the car, and given him ample time either to dismount or to turn his wheel in safety. He testified that he could turn in safety in 6 to 8 feet. He had 16 feet from the curb, and 28 feet from the…
2Cases cited5 opinions
- McGee v. Consolidated Street Railway Co.Michigan Supreme Court · 1894
- Doherty v. Detroit Citizens' Street-Railway Co.Michigan Supreme Court · 1898
- McCarthy v. Detroit Citizens' Street Railway Co.Michigan Supreme Court · 1899
- Lau v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1899
- Hine v. Bay Cities Consolidated Railway Co.Michigan Supreme Court · 1897
3Cited by8 opinions
- Merritt v. FooteMichigan Supreme Court · 1901
- Amedeo v. Grand Rapids & Indiana Railway Co.Michigan Supreme Court · 1921
- Cardinal v. Houghton County Street Railway Co.Michigan Supreme Court · 1911
- Stevenson v. Detroit United RailwayMichigan Supreme Court · 1911
- Smith v. Detroit & Mackinac Railway Co.Michigan Supreme Court · 1904
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