Legal Opinion

Redson v. Michigan Central Railroad

Michigan Supreme Court

Decided July 11, 1899PublishedCited by 14 opinions

Error to Ogemaw; Sbarpe, J. Case by Claude E. Redson against the Michigan Central Railroad Company for the alleged negligent killing of plaintiff’s team of horses. From a judgment for plaintiff, defendant brings error.

1Opinion of the CourtGrant, C. J.

The declaration in this case contains five counts, alleging various grounds of negligence. The court disposed of all these in his charge, except one, either on the ground of plaintiff’s contributory negligence or that no negligence was shown on the part of defendant. Failure on the part of the engineer to keep a proper lookout was one. The court instructed the jury that, even if this were so, plaintiff was equally negligent in not keeping a proper lookout for the approach of the train, which he knew was then due, and which could have been seen approaching for a distance of over three miles.…

2Cases cited1 opinion

  1. Frost v. Milwaukee & Northern RailroadMichigan Supreme Court · 1893

3Cited by14 opinions

  1. Gibbard v. CursanMichigan Supreme Court · 1923
  2. Hinkle v. Minneapolis, Anoka & Cayuna Range Railway Co.Supreme Court of Minnesota · 1925
  3. Elliott v. Philadelphia Transportation Co.Supreme Court of Pennsylvania · 1947
  4. Waltanen v. WiitalaMichigan Supreme Court · 1960
  5. Willgeroth v. MaddoxAppellate Court of Illinois · 1935

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