Davis v. Michigan Central Railroad
Michigan Supreme Court
Error to Bay; Shepard, J. Case by Noble Davis, administrator of the estate of Harry E. Davis, deceased, against the Michigan Central Railroad Company for the negligent killing of plaintiff’s intestate. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. Defendant’s road runs northwesterly and southeasterly through the city of West Bay City. The streets of said city run north and south and east and west.
Read the full summary
Error to Bay; Shepard, J. Case by Noble Davis, administrator of the estate of Harry E. Davis, deceased, against the Michigan Central Railroad Company for the negligent killing of plaintiff’s intestate. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. Defendant’s road runs northwesterly and southeasterly through the city of West Bay City. The streets of said city run north and south and east and west. State street, King street, and Litchfield street run north and south, of which State is the east street, King the center, and Litchfield the west.…
1Opinion of the CourtG-rant, J.
(after stating the facts). That the action of the defendant in striking this car and backing it across the sidewalk without any warning was negligence is established by many authorities, and is founded upon reason and common sense. In McWilliams v. Mills Co., 31 Mich. 274, it was held that a passenger on a sidewalk of a public highway had a right to expect a warning before the sudden movement of a car which had been standing still. Cooper v. Railway Co., 66 Mich. 261; Lehman v. Steel Works, 114 Mich. 260; 2 Thompson on Law of Negligence, §§ 1571, 1594.
The question of contributory negligence…
2Cases cited3 opinions
- Cooper v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1887
- McWilliams v. Detroit Central Mills Co.Michigan Supreme Court · 1875
- Lehman v. Eureka Iron & Steel WorksMichigan Supreme Court · 1897
3Cited by9 opinions
- Davis v. Michigan Central RailroadMichigan Supreme Court · 1907
- Amedeo v. Grand Rapids & Indiana Railway Co.Michigan Supreme Court · 1921
- Colorado & Southern Railway Co. v. ChilesSupreme Court of Colorado · 1911
- Welch v. Michigan Central RailroadMichigan Supreme Court · 1907
- DeHardt v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1917
4 more not listed; retrieve them via the Exa API.