Welch v. Michigan Central Railroad
Michigan Supreme Court
Error to Kent; Wolcott, J. Case by J. Darius Welch, administrator of the estate of William O. Sherman, deceased, against the Michigan, Central Railroad Company for the negligent killing of plaintiff’s intestate. There was judgment for plaintiff, and defendant brings error.
1Opinion of the CourtGrant, J.
On the night of November 11, 1904, about 6:45 o’clock, the deceased was struck by an engine, while crossing defendant’s track, and killed. The acts of negligence charged are the customary ones of failure to blow the whistle, to provide gates, or a person to give warning at the dangerous crossing, and undue speed. The situation, the tracks, the obstruction to sight by standing cars, the darkness of the night, the confusing noise of another train crossing the track just before the accident, and other circumstances making it difficult to see and hear, are set forth in the declaration. There is…
2Cases cited22 opinions
- Elliott v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1893
- Mynning v. Detroit, Lansing & Northern RailroadMichigan Supreme Court · 1887
- Carver v. Detroit & Saline Plank Road Co.Michigan Supreme Court · 1886
- Staal v. Grand Rapids & Indiana RailroadMichigan Supreme Court · 1885
- McGee v. Consolidated Street Railway Co.Michigan Supreme Court · 1894
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3Cited by5 opinions
- Beach v. City of St. JosephMichigan Supreme Court · 1916
- Amanta v. Michigan Central RailroadMichigan Supreme Court · 1913
- Ommen v. Grand Trunk Western Railway Co.Michigan Supreme Court · 1918
- Barnhart v. Pere Marquette RailroadMichigan Supreme Court · 1915
- Beagle v. Pere Marquette RailroadMichigan Supreme Court · 1915