Stark v. Muskegon Traction & Lighting Co.
Michigan Supreme Court
Error to Muskegon; Russell, J. Case by William Stark, Jr., by next friend, against the Muskegon Traction & Lighting Company for personal injuries. There was judgment for defendant on a verdict ■directed by the court, and plaintiff brings error. Two errors are assigned upon the record, both of which make the single point that it- was error for the court to •direct a verdict for defendant. The record contains the ■substance of all the testimony given upon the trial.
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Error to Muskegon; Russell, J. Case by William Stark, Jr., by next friend, against the Muskegon Traction & Lighting Company for personal injuries. There was judgment for defendant on a verdict ■directed by the court, and plaintiff brings error. Two errors are assigned upon the record, both of which make the single point that it- was error for the court to •direct a verdict for defendant. The record contains the ■substance of all the testimony given upon the trial. The injury complained about was received August 30, 1903. The plaintiff is a lad, 10 years old in April, 1903. Defendant is a…
1Opinion of the CourtOstrander, J.
(after stating the facts). It is not apparent that the requirement, by ordinance, that wires should be supported 25 feet above the ground was based upon any idea of safety of the public. Failure to comply with this provision of the ordinance is not the negligence charged. If it was, it is not to be presumed that it caused or contributed to the injury complained about. See, also, as to the right of this plaintiff to complain of the violation of the ordinance, Flanagan v. Sanders, 138 Mich. 253. Whether or not the wires of the defendant were exposed before the telephone wire was broken does not…
2Cases cited3 opinions
- Trudell v. Grand Trunk Railway Co.Michigan Supreme Court · 1901
- Henderson v. Detroit Citizens' Street-Railway Co.Michigan Supreme Court · 1898
- Flanagan v. SandersMichigan Supreme Court · 1904
3Cited by15 opinions
- Iamurri v. Saginaw City Gas Co.Michigan Supreme Court · 1907
- Alabama Power Co. v. CooperSupreme Court of Alabama · 1934
- Leduc v. Detroit Edison Co.Michigan Supreme Court · 1931
- Watral's Adm'r v. Appalachian Power Co.Court of Appeals of Kentucky (pre-1976) · 1938
- Foote v. Scott-New Madrid-Mississippi Electric CooperativeMissouri Court of Appeals · 1962
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