Legal Opinion

Lyons v. Bay Cities Consolidated Railway Co.

Michigan Supreme Court

Decided December 7, 1897PublishedCited by 14 opinions

Error to Bay; Maxwell, J. Case by Theodore Lyons, administrator of the estate of Joseph Delille, deceased, against the Bay Cities Consolidated Railway Company, for negligently causing the death of plaintiff’s intestate. From a judgment for defendant on verdict directed by the court, plaintiff brings error.

1Opinion of the CourtGrant, J.

The court, upon the opening statement of counsel for plaintiff, .directed a verdict for the defendant. The deceased was a laborer in the employ of Bay City, and, while engaged in sweeping the street, was struck by a car of the defendant, and received an injury from which he died. Plaintiff brought suit, alleging that the accident was caused by defendant’s negligence. The deceased was sweeping between the rails of one of the tracks. He was so deaf that he could not hear the sound of the car or the gong, which, it is conceded, the motorneer rang. Delille knew that cars were passing over these…

2Cases cited2 opinions

  1. Lake Shore & Michigan Southern Railroad v. MillerMichigan Supreme Court · 1872
  2. Daly v. Detroit Citizens' Street Railway Co.Michigan Supreme Court · 1895

3Cited by14 opinions

  1. Tunison v. WeadockMichigan Supreme Court · 1902
  2. Quinn v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
  3. Mertz v. Detroit Electric RailwayMichigan Supreme Court · 1900
  4. King v. Grand Rapids Railway Co.Michigan Supreme Court · 1913
  5. Kotila v. Houghton County Street-Railway Co.Michigan Supreme Court · 1903

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