Scott v. Boyne City, Gaylord & Alpena Railroad
Michigan Supreme Court
Error to Otsego; Sharpe, J. Case by Samuel Scott, administrator of the estate of Frank D. Gibbs, deceased, against the Boyne City, Gay-lord & Alpena Railroad Company for the negligent killing of plaintiff’s decedent. Judgment for plaintiff. Defendant brings error.
1DissentBlair, J.
I am unable to concur in the opinion of Justice McAlvay that the cause of the accident was purely speculative. This is not a case for the application of that doctrine but for the application of the rule that, “where different inferences maybe drawn from the same facts, it is the province of the jury to draw such inferences, and not of the court.” Brunelle v. Ruell, 140 Mich. 256 (103 N. W. 602).
According to the measurements made by Mr. Van Auken:
‘ ‘ From south bar to west end of block I measured with a square 13 feet and 8-|- inches. Width between rails, west end of block, 3f inches. West end…
2Cases cited1 opinion
- Brunelle v. RuellMichigan Supreme Court · 1905