Legal Opinion

Broudy v. Detroit, Jackson & Chicago Railway

Michigan Supreme Court

Decided March 17, 1915No. Docket No. 147PublishedCited by 4 opinions

Error to Washtenaw; Kinne, J. Case by Lena Broudy as administratrix of the estate of Jacob Broudy, deceased, against the Detroit, Jackson & Chicago Railway, for the wrongful killing of decedent. Judgment for defendant upon a directed verdict. Plaintiff brings error. On the 4th day of June, 1911, at about 7:45 in the evening, a very severe wind and rain storm struck the city of Ypsilanti. It lasted an hour or more, and did a great deal of damage in and about said city.

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Error to Washtenaw; Kinne, J. Case by Lena Broudy as administratrix of the estate of Jacob Broudy, deceased, against the Detroit, Jackson & Chicago Railway, for the wrongful killing of decedent. Judgment for defendant upon a directed verdict. Plaintiff brings error. On the 4th day of June, 1911, at about 7:45 in the evening, a very severe wind and rain storm struck the city of Ypsilanti. It lasted an hour or more, and did a great deal of damage in and about said city. Trees were uprooted, and poles carrying wires were, thrown down. At exactly what period of the storm the heaviest wind came is…

1Opinion of the CourtBrooke, C. J.

(after stating the facts). A careful reading of the entire record in this case convinces us that the learned circuit judge reached a proper conclusion. Considering the testimony introduced on behalf of plaintiff for the purpose of establishing the fact that the only lethal current abroad in the city of Ypsilanti at the moment of the death of plaintiff’s intestate was that upon the trolley wire of the defendant company, we find that the record fails to disclose that the high-tension wire which carried about 20,000 volts was devoid of current at that time. We further find that the engineer of…

2Cases cited2 opinions

  1. Byerly v. Consolidated Light, Power & Ice Co.Missouri Court of Appeals · 1908
  2. Cressler v. King Paper Co.Michigan Supreme Court · 1914

3Cited by4 opinions

  1. Western Telephone Corp. v. McCannTexas Supreme Court · 1937
  2. Western Telephone Corp. of Texas v. McCannTexas Commission of Appeals · 1937
  3. Nylund v. GemoMichigan Supreme Court · 1940
  4. Illimois Power & Light Corp. v. HurleyCourt of Appeals for the Eighth Circuit · 1929

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