Legal Opinion

Rascher v. East Detroit & Grosse Pointe Railway Co.

Michigan Supreme Court

Decided March 4, 1892PublishedCited by 24 opinions

Error to Wayne. (Brevoort, J.) Negligence case. Plaintiff brings error. The facts are stated in the opinion.

1Opinion of the CourtMorse, C. J.

Action for negligent injury. The case was taken from the jury by the circuit judge on the ground of the contributory negligence of the plaintiff.

The evidence shows that the defendant operates an electric street-car line on Mack street, in the city of Detroit; that its track is laid in the center of the street, and on the crown of the road-bed, at the place where the accident occurred. The street is bad for driving, there being deep ditches on each side of the street; and the best place to drive a team is on the railway track.

Plaintiff resided on this street, and on November 27, 1889, was…

2Cases cited3 opinions

  1. Government Street R. R. v. HanlonSupreme Court of Alabama · 1875
  2. Shea v. Potrero & Bay View RailroadCalifornia Supreme Court · 1872
  3. Little v. Street Railway Co.Michigan Supreme Court · 1889

3Cited by24 opinions

  1. Chicago City Railway Co. v. FennimoreIllinois Supreme Court · 1902
  2. Laufer v. Bridgeport Traction Co.Supreme Court of Connecticut · 1897
  3. McGee v. Consolidated Street Railway Co.Michigan Supreme Court · 1894
  4. Detroit Citizens' Street-Railway Co. v. Common Council of DetroitMichigan Supreme Court · 1901
  5. WALKER v. City of BiloxiMississippi Supreme Court · 1957

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