Legal Opinion

Elias v. Collins

Michigan Supreme Court

Decided December 9, 1926No. Docket No. 69PublishedCited by 52 opinions

1Opinion of the Court

I agree with the Chief Justice that the judgment for defendant Elias should be affirmed. But I do not agree that actionable negligence against the company was established. The crossing was not in the little village of Martin but outside in the open country. Plaintiff's brother Arthur, who was driving, testified:

"I had a view of that car approaching from the north for about 1,000 feet. I didn't take notice that when I was back there 150 feet I could have a view of the north of an approaching car for nearly half a mile. From a point in the highway, approximately 150 feet south of the first rail…

2Cases cited4 opinions

  1. Shufelt v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1893
  2. Robinson v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1890
  3. Lambert v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Michigan Supreme Court · 1920
  4. Mulvaney v. New York Central Railroad Co.Michigan Supreme Court · 1925

3Cited by52 opinions

  1. Gibson v. GibsonCalifornia Supreme Court · 1971
  2. Dunlap v. DunlapSupreme Court of New Hampshire · 1930
  3. Borst v. BorstWashington Supreme Court · 1952
  4. Plumley v. KleinMichigan Supreme Court · 1972
  5. Rozell v. RozellNew York Court of Appeals · 1939

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