Legal Opinion

Hershey v. Detroit United Railway

Michigan Supreme Court

Decided February 27, 1920No. Docket No. 97Published

Error to Wayne; Hosmer (George S.), J. Case by Clarence A. Hershey, administrator of the estate of John L. Hobbins, deceased, against the Detroit United Railway for the negligent killing of plaintiff’s. decedent. Judgment for defendant on a directed verdict. Plaintiff brings error.

1Opinion of the CourtMoore, C. J.

This is a personal injury case. John L. Hobbins was struck by one of the defendant’s cars at the intersection of Riopelle street and Jefferson avenue, and received injuries which resulted in his death. Upon the trial no testimony on the part of de*373fendant was introduced. At the close of the testimony for the plaintiff the defendant moved that a verdict of no cause of action be directed, upon the ground that plaintiff was guilty of contributory negligence, which motion the court granted. The case is brought here by writ of error.

Counsel for the appellant say:

“But, if deceased had been guilty of…

2Cases cited8 opinions

  1. Richter v. HarperMichigan Supreme Court · 1893
  2. Manos v. Detroit United RailwayMichigan Supreme Court · 1911
  3. Putnam v. Detroit United RailwayMichigan Supreme Court · 1911
  4. Gardner v. Detroit Street Railway Co.Michigan Supreme Court · 1894
  5. Moran v. Detroit, Ypsilanti & Ann Arbor RailwayMichigan Supreme Court · 1900

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