Legal Opinion

Wilmarth v. Michigan United Traction Co.

Michigan Supreme Court

Decided September 27, 1917No. Docket No. 56PublishedCited by 3 opinions

Error to Ingham; Wiest, J. Case by Hugh C. Wilmarth against the Michigan United Traction Company for the negligent killing of plaintiff’s horses. Judgment for plaintiff. Defendant brings error.

1Opinion of the CourtKuhn, C. J.

On August 13, 1914, three horses of the plaintiff’s were pastured in a field adjoining the electric line of the defendant company running between Owosso and Lansing. They were grazing in the field together with other stock of the plaintiff’s when a rainstorm came up during which there was more or less thunder and lightning, and when the storm had ended the horses in question were found lying against a wire fence separating the field from the defendant’s right of way. All were dead and were smoking, as well as a tree to which the fence was attached at this point, and continued to do so until a…

2Cases cited7 opinions

  1. Seith v. Commonwealth Electric Co.Illinois Supreme Court · 1909
  2. Stoll v. LaubengayerMichigan Supreme Court · 1913
  3. Detzur v. B. Stroh Brewing Co.Michigan Supreme Court · 1899
  4. Paducah Light & Power Co. v. Parkman's AdministratorCourt of Appeals of Kentucky · 1913
  5. Southwestern Telegraph & Telephone Co. v. RobinsonCourt of Appeals for the Fifth Circuit · 1892

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Grimes v. KingMichigan Supreme Court · 1945
  2. Selph v. EvanoffMichigan Court of Appeals · 1970
  3. Ignaszak v. McCray Refrigerator Co.Michigan Supreme Court · 1922

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