Knickerbocker v. Detroit, Grand Haven & Milwaukee Railway Co.
Michigan Supreme Court
Error to Shiawassee; Miner, J. Case by Anna Knickerbocker, administratrix of the estate of Franklin Glenn Knickerbocker, deceased, against the Detroit, Grand Haven & Milwaukee Railway Company and the Grand Trunk Western Railway Company for the unlawful killing of plaintiff’s decedent. Judgment for plaintiff against the defendant the Detroit, Grand Haven & Milwaukee Railway Company, which brings error.
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Error to Shiawassee; Miner, J. Case by Anna Knickerbocker, administratrix of the estate of Franklin Glenn Knickerbocker, deceased, against the Detroit, Grand Haven & Milwaukee Railway Company and the Grand Trunk Western Railway Company for the unlawful killing of plaintiff’s decedent. Judgment for plaintiff against the defendant the Detroit, Grand Haven & Milwaukee Railway Company, which brings error. Franklin Glenn Knickerbocker, ten years and three days old, riding a bicycle on a cement sidewalk on the west side of Glenwood avenue, in the city of Owosso, was struck and killed by defendant’s…
1Opinion of the CourtOstrander, C. J.
(after stating the facts). The court erred in submitting to the jury the question of the contributory negligence of plaintiff’s intestate. The fact is undisputed that for a distance of 70 feet before he reached the crossing plaintiff’s intestate could have — must have — seen the approaching train, had he looked. The view was unobstructed; the train could have been seen a half mile or more to the east. He was not riding fast; he was riding down a slightly inclined walk; he was a normal lad, except for a slight deafness in one ear, of average intelligence, used to going about the city, crossing…
2Cases cited14 opinions
- Cooper v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1887
- Richter v. HarperMichigan Supreme Court · 1893
- Denman v. JohnstonMichigan Supreme Court · 1891
- Labarge v. Pere Marquette RailroadMichigan Supreme Court · 1903
- Trudell v. Grand Trunk Railway Co.Michigan Supreme Court · 1901
9 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Gibbard v. CursanMichigan Supreme Court · 1923
- LaCroix v. Grand Trunk Western RailroadMichigan Supreme Court · 1967
- Mollica v. Michigan Central RailroadMichigan Supreme Court · 1912
- Oxenger v. WardMichigan Supreme Court · 1932
- Rushford-Surine v. Grand Trunk Railway Co.Michigan Supreme Court · 1927
43 more not listed; retrieve them via the Exa API.