Gorton v. Harmon
Michigan Supreme Court
Erroi to Genesee; Wisner, J. Case by George T. Gorton, administrator of the estato of Matie Gorton, deceased, against Judson Harmon, receiver of the Pere Marquette Railroad Company, for the negligent killing of plaintiff’s intestate. There was judgment for plaintiff, and defendant brings error. Defendant’s railroad runs northwesterly and southeasterly. A highway known as “Atherton road,” running east and west, crosses the railroad at an angle of 35 degrees.
Read the full summary
Erroi to Genesee; Wisner, J. Case by George T. Gorton, administrator of the estato of Matie Gorton, deceased, against Judson Harmon, receiver of the Pere Marquette Railroad Company, for the negligent killing of plaintiff’s intestate. There was judgment for plaintiff, and defendant brings error. Defendant’s railroad runs northwesterly and southeasterly. A highway known as “Atherton road,” running east and west, crosses the railroad at an angle of 35 degrees. Plaintiff and his wife and a Mr. Allen and his wife, on the night of January 5,1906, at about 10 o’clock, drove with a team of horses and…
1Opinion of the Court
Grant, O. J.
(after stating the facts). 1. Counsel for the defendant do not deny that it was negligence in the defendant to run its train through the country and across highways at the rate of 30 miles an hour without any headlight. Whether such an act is gross negligence we need not determine. We may rightfully say it was negligence without excuse. The sole defense upon this branch of the case is that the defendant and Mr. Allen were guilty of contributory negligence. Their negligence is alleged to consist in that they did not stop when nearing the track and listen for a train. Had it been…
2Cases cited7 opinions
- Richter v. HarperMichigan Supreme Court · 1893
- McDonald v. Champion Iron & Steel Co.Michigan Supreme Court · 1905
- Denver & Rio Grande Railroad v. GunningSupreme Court of Colorado · 1905
- Keating v. Detroit, Bay City & Alpena RailroadMichigan Supreme Court · 1895
- Snyder v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- In Re Olney's EstateMichigan Supreme Court · 1944
- Weil v. LongyearMichigan Supreme Court · 1933
- Baker v. SlackMichigan Supreme Court · 1948
- Lincoln v. Detroit & Mackinac Railway Co.Michigan Supreme Court · 1914
- Grimes v. KingMichigan Supreme Court · 1945
11 more not listed; retrieve them via the Exa API.