Legal Opinion

Coessens v. Rapid Railway

Michigan Supreme Court

Decided May 17, 1904No. Docket No. 91PublishedCited by 3 opinions

Error to Wayne; Hosmer, J. Case by Joseph Coessens, administrator, etc., against the Rapid Railway, for the alleged negligent killing of his intestate. From a judgment for defendant on verdict directed by the court, plaintiff brings error.

1Opinion of the CourtGrant, J.

I think this case should be affirmed, and for the reasons stated by the learned circuit judge who heard the case, as follows:

“ I feel constrained, under the evidence which has been offered in this case, to remove the matter from your consideration. I think that the testimony of the motorman and the conductor tends to show that the child was in the street at the time it was first observed. Now, there is no testimony, in my opinion, which tends to. negative this statement. Some of you are familiar with the premises in this case, as it is the house just immediately below the Quirk house, on…

2Cited by3 opinions

  1. Hoover v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1915
  2. Gradyszewski v. Detroit United RailwayMichigan Supreme Court · 1912
  3. Robins v. Director General of RailroadsMichigan Supreme Court · 1919

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