Furness v. Public Service Commission

This matter is before us upon an appeal taken as of right from a summary judgment of dismissal pursuant to GCR 1963, 117.2(1) by the Court of Claims, Hon. Ray C. Hotchkiss, J., on October 1,1979. We affirm.

The case arose out of a car-train collision on June 2, 1978, in which the plaintiff’s decedent, Kevin Furness, suffered fatal injuries. It appears that decedent was a passenger in a motor vehicle being driven on Barrie Road in Colfax Township, Huron County, Michigan. As the vehicle was being driven over a Chesapeake and Ohio Railroad Company grade crossing, at 11:05 p.m., it was struck by…