Paddock v. Tuscola & Saginaw Bay Railway Co.

Plaintiff appeals as of right from an order granting summary disposition in favor of defendants pursuant to MCR 2.116(C)(7), (8), and (10). We affirm.

Plaintiffs decedent was killed when the car he was driving was struck by a train operated by defendant Tuscola & Saginaw Bay Railway Company, Inc., at a railroad crossing on County Road 14 in Wexford County, a highway over which defendant Wexford County Board of County Road Commissioners had jurisdiction. The decedent’s wife testified that he often took the road to work and that he had driven over the railroad crossing “many, many” times. She…