Lau v. Lake Shore & Michigan Southern Railway Co.
Michigan Supreme Court
Error to Wayne; Hosmer, J. Case by Oliver H. Lau against the Lake Shore & Michigan Southern Railway Company for personal injuries. From a judgment for defendant, on verdict directed by the court, plaintiff brings error. Plaintiff, a physician 42 years of age, residing in Detroit, at about 8 o’clock in the evening of September 21, 1896, was traveling on his .bicycle to visit a patient.
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Error to Wayne; Hosmer, J. Case by Oliver H. Lau against the Lake Shore & Michigan Southern Railway Company for personal injuries. From a judgment for defendant, on verdict directed by the court, plaintiff brings error. Plaintiff, a physician 42 years of age, residing in Detroit, at about 8 o’clock in the evening of September 21, 1896, was traveling on his .bicycle to visit a patient. He crossed Hastings street, and, on nearing the tracks of the defendant company, left the street, which was unpaved and somewhat rough, and went upon the sidewalk, on the east side. There were three tracks, one…
1Opinion of the CourtGrant, C. J.
(after stating the facts). The'rights and duties of a traveler upon a bicycle, when approaching a railroad crossing, are before this court for the first time. These rights and duties must be determined without reference to the distressing result of this accident to the plaintiff. The learned counsel for plaintiff, in his argument, conceded that it was the duty of the plaintiff to exercise a high degree of care. Manifestly, this was his duty because of the danger to which he was exposed. Did he, *119under the circumstances, exercise that degree of care which the law requires ? Had he been on foot…
2Cases cited3 opinions
- Gardner v. Detroit, Lansing & Northern RailroadMichigan Supreme Court · 1893
- Phillips v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1896
- Braudy v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1895
3Cited by9 opinions
- Amedeo v. Grand Rapids & Indiana Railway Co.Michigan Supreme Court · 1921
- Bennett v. Detroit Citizens' Street-Railway Co.Michigan Supreme Court · 1900
- Welch v. Michigan Central RailroadMichigan Supreme Court · 1907
- Henry v. Michigan Central RailroadMichigan Supreme Court · 1915
- Eisele v. Detroit, Jackson & Chicago Railway Co.Michigan Supreme Court · 1923
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