Legal Opinion · Dissent

Graham v. Detroit, Grand Haven & Milwaukee Railway Co.

Michigan Supreme Court

Decided December 29, 1911No. Docket No. 100Published

Error to Clinton; Searl, J. Case by Eose E. Graham, administratrix of the estate of Justin E. Graham, deceased, against the Detroit, Grand Haven & Milwaukee Eailway Company for the negligent killing of plaintiff’s decedent. Judgment for plaintiff. Defendant brings error.

1DissentBrooke, J.

As I read the opinions delivered when this case was before the court on another occasion, but one question of fact was left for the determination of the jury. That question is whether the defendant made proper effort to acquaint the engineer and. conductor of engine extra 1104, with the dangerous condi*48tion of the track. It is settled in this trial, as it was in the former, that the message (Exhibit 1) was sent by defendant’s dispatcher, Crouch, to Humphrey, the agent at Corunna; It is likewise undisputed that the message was received by Humphrey before the arrival of the special at Corunna.…

2Cases cited6 opinions

  1. Grand Rapids & Indiana Railroad v. HuntleyMichigan Supreme Court · 1878
  2. Whalen v. Michigan Central RailroadMichigan Supreme Court · 1897
  3. Coburn v. Muskegon Booming Co.Michigan Supreme Court · 1888
  4. La Barre v. Grand Trunk Western Railway Co.Michigan Supreme Court · 1903
  5. Carr v. St. Clair Tunnel Co.Michigan Supreme Court · 1902

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