Goonen v. Ann Arbor Railroad

Plaintiff, an adult deaf-mute, on Hill street crossing in Ann Arbor, in the day time, was struck by a passenger train of defendant and injured. There was no gate or flagman at the crossing which is about 2,000 feet south of the station, from which the train was proceeding at the rate of 12 miles per hour. Counsel agree upon the rate of speed, although the testimony on the subject is not harmonious. Plaintiff was familiar with the locality. He walked along Hill street on the sidewalk which ended some 30 or 40 feet from the track. The intervening space was wet and muddy. He picked his way…