Klanowski v. Grand Trunk Railway Co.
Michigan Supreme Court
Error to Wayne. (Jennison, J.) Case. Defendant brings error. Testimony that witness ■did not see or hear cannot balance that of another witness that he did: Seibert v. Erie B. Co. 49 Barb. 583; OuThane v. JV. Y. Cent. & H. B. Co. 67 Barb. 562 ; Henze v. St. Louis dc. R. Oo. 71 Mo. 636; the speed of a train is not necessarily an element of negligence: Pierce on. Railroads 354 n. 5 ; Grows v. Maine Gent.
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Error to Wayne. (Jennison, J.) Case. Defendant brings error. Testimony that witness ■did not see or hear cannot balance that of another witness that he did: Seibert v. Erie B. Co. 49 Barb. 583; OuThane v. JV. Y. Cent. & H. B. Co. 67 Barb. 562 ; Henze v. St. Louis dc. R. Oo. 71 Mo. 636; the speed of a train is not necessarily an element of negligence: Pierce on. Railroads 354 n. 5 ; Grows v. Maine Gent. R. Go. 67 Me. 105; McKonkey v. G. B. d Q. R. Go. 40 la. 206 ; a scintilla of evidence is not enough to go to a jury: Rider v. Worribwell L. R. 4 Exch. ,38; Wheelton v. Hardisty 8. El. & Bl. 262…
1Opinion of the CourtSherwood, J.
Otto Klanowski, on the 23rd day of June, 1883, lived with his family, consisting of himself, his wife and four children, upon six acres of land, situated oh Chene street near the city of Detroit, and about a mile from where the same crosses the Grand Trunk Railway. He was a teamster owning a team and wagon, and on that day had been plowing for a neighbor by the name of Miller, who lived upon what is called the “Miller Road,” which runs east of Chene street, and across the railway track diagonally about 24 rods north-east of the Chene street crossing. This was known as the “Miller Crossing.”…
2Cases cited21 opinions
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Pleasants v. FantSupreme Court of the United States · 1875
- Lake Shore & Michigan Southern Railroad v. MillerMichigan Supreme Court · 1872
- Chicago & Northwestern Railway Co. v. BayfieldMichigan Supreme Court · 1877
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
16 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hartman v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1906
- Beach v. City of St. JosephMichigan Supreme Court · 1916
- Tobias v. Michigan Central RailroadMichigan Supreme Court · 1894
- Van Brunt v. Cincinnati, Jackson & Mackinaw RailroadMichigan Supreme Court · 1889
- Magoon v. Boston & Maine Rd.Supreme Court of Vermont · 1894
9 more not listed; retrieve them via the Exa API.