Gregory v. Detroit United Railway
Michigan Supreme Court
Error to Oakland; Smith, J. Case by Allen J. Gregory against the Detroit United Railway for personal injuries. There was judgment for plaintiff, and defendant brings error. Defendant’s road runs through the village of Oxford. The main street (Washington) extends north and soúth through the village. The track is laid in the center of the street. On reaching Oxford street the track turns by a very sharp curve from Washington into Oxford street.
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Error to Oakland; Smith, J. Case by Allen J. Gregory against the Detroit United Railway for personal injuries. There was judgment for plaintiff, and defendant brings error. Defendant’s road runs through the village of Oxford. The main street (Washington) extends north and soúth through the village. The track is laid in the center of the street. On reaching Oxford street the track turns by a very sharp curve from Washington into Oxford street. A guard rail is placed between the main or running rail near the inner line of the curb, and fastened to the inher rail by a cast-iron plug placed…
1Opinion of the CourtGbant, J.
(after stating the facts). 1. The first assignment of error arises upon the admission of testimony. Evidence was received, under objections and exception, to show prior accidents of a similar character at, this same place. Such testimony is only admissible to show notice and knowledge of the defects. Grand Rapids, etc., R. Co. v. Huntley, 38 Mich. 537; Corcoran v. City of Detroit, 95 Mich. 84; Alberts v. Village of Vernon, 96 Mich. 549.
Defendant’s counsel upon the trial admitted that the condition of the rails and street at this point was the same as it had been from the 1st of December…
2Cases cited9 opinions
- Grand Rapids & Indiana Railroad v. HuntleyMichigan Supreme Court · 1878
- Marquette, Houghton & Ontonagon Railroad v. KirkwoodMichigan Supreme Court · 1880
- Alberts v. Village of VernonMichigan Supreme Court · 1893
- Corcoran v. City of DetroitMichigan Supreme Court · 1893
- Whipple v. Michigan Central RailroadMichigan Supreme Court · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Larned v. VanderlindeMichigan Supreme Court · 1911
- Branch v. KlattMichigan Supreme Court · 1912
- Bernard v. Grand Rapids Paper Box Co.Michigan Supreme Court · 1912
- Crowe v. Michigan Central RailroadMichigan Supreme Court · 1906
- Hintz v. Michigan Central RailroadMichigan Supreme Court · 1905
6 more not listed; retrieve them via the Exa API.