Lau v. Lake Shore & Michigan Southern Railway Co.
Michigan Supreme Court
Error to Wayne; Hosmer, J. Case by Oliver H. Lau against the Lake Shore & Michigan Southern Railway Company for personal injuries. From a judgment for defendant, on verdict directed by the court, plaintiff brings error. Plaintiff, a physician 42 years of age, residing in Detroit, at about 8 o’clock in the evening of September 21, 1896, was traveling on his .bicycle to visit a patient.
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Error to Wayne; Hosmer, J. Case by Oliver H. Lau against the Lake Shore & Michigan Southern Railway Company for personal injuries. From a judgment for defendant, on verdict directed by the court, plaintiff brings error. Plaintiff, a physician 42 years of age, residing in Detroit, at about 8 o’clock in the evening of September 21, 1896, was traveling on his .bicycle to visit a patient. He crossed Hastings street, and, on nearing the tracks of the defendant company, left the street, which was unpaved and somewhat rough, and went upon the sidewalk, on the east side. There were three tracks, one…
1DissentMoore, J.
I cannot agree with the conclusion reached by the Chief Justice. I do not think Gardner v. Railroad Co., 97 Mich. 240, and Brandy v. Railway Co., 107 Mich. 100, apply to this case. The plaintiff in each of those cases was upon foot, and in each instance, if he had looked, would have had abundant opportunity to see the danger when he was yet in a place of safety. Not only have pedestrians the right to pass in the public highway, but persons, riding in carriages and wagons and upon bicycles. What would be reasonable care in a prudent person riding in a wagon might not be reasonable care in a…
2Cases cited11 opinions
- Guggenheim v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1887
- Carver v. Detroit & Saline Plank Road Co.Michigan Supreme Court · 1886
- Richmond v. Chicago & West Michigan Railway Co.Michigan Supreme Court · 1891
- Gardner v. Detroit, Lansing & Northern RailroadMichigan Supreme Court · 1893
- Ashman v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1892
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