Merritt v. Foote
Michigan Supreme Court
Error to Jackson; Peck, J. Case by- Levi Merritt against William A. Foote, receiver of tbe Jackson Street-Railway Company, for personal injuries. From a judgment for defendant on verdict directed by the court, plaintiff brings error. The plaintiff sued defendant to recover for injuries received by him when attempting to cross the street-car track of the defendant. The circuit judge directed a verdict in favor of defendant.
Read the full summary
Error to Jackson; Peck, J. Case by- Levi Merritt against William A. Foote, receiver of tbe Jackson Street-Railway Company, for personal injuries. From a judgment for defendant on verdict directed by the court, plaintiff brings error. The plaintiff sued defendant to recover for injuries received by him when attempting to cross the street-car track of the defendant. The circuit judge directed a verdict in favor of defendant. A sufficient statement of the case is found in the following instruction of the court: “To entitle the plaintiff to recover in this action, it is necessary that he should…
1Opinion of the CourtGrant, J.
(after stating the facts). I think the court was correct in directing a verdict for the defendant, and in the instruction quoted gave the sound rule of law applicable to the case. In addition to the facts stated in the opinion of the circuit judge, the plaintiff testified that, when he had reached the curb, there was nothing to hinder his seeing the car a long way; that there was nothing to obstruct his vision; that he might have seen the car if he had looked. If he had looked, and seen the car approaching in such close proximity, it is conceded that he would have been guilty of contributory…
2Cases cited8 opinions
- Richter v. HarperMichigan Supreme Court · 1893
- Fritz v. Detroit Citizens' Street Railway Co.Michigan Supreme Court · 1895
- McGee v. Consolidated Street Railway Co.Michigan Supreme Court · 1894
- Ryan v. Detroit Citizens' Street-Railway Co.Michigan Supreme Court · 1900
- Laethem v. Fort Wayne & Belle Isle Railway Co.Michigan Supreme Court · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Colborne v. Detroit United RailwayMichigan Supreme Court · 1913
- Labarge v. Pere Marquette RailroadMichigan Supreme Court · 1903
- Chauvin v. Detroit United RailwayMichigan Supreme Court · 1903
- Champaign v. Detroit United RailwayMichigan Supreme Court · 1914
- Simon v. Detroit United RailwayMichigan Supreme Court · 1917
13 more not listed; retrieve them via the Exa API.