Beach v. City of St. Joseph
Michigan Supreme Court
Rrror to Berrien; Bridgman, J. Case by Delia L. Beach, administratrix of the estate of Lucy Mae Beach, deceased, against the city of St. Joseph for the alleged negligent killing of plaintiff’s intestate. Judgment for plaintiff. Both parties bring error.
1Opinion of the CourtKuhn, J.
The plaintiff seeks to recover damages for the death of her daughter, Lucy Mae Beach, who was a passenger in an automobile which was driven into the open draw of a bridge over the St. Joseph river in the defendant city, as a result of which she was drowned. It is conceded that the gate was not lowered, as required by sections 5516-5521, 2 Comp. Laws (1 Comp. Laws 1915, §§ 4432-4437), and the action is based on the alleged negligence of the bridge tender, employed by the city, in failing to lower the gate when the draw was opened. Recovery is sought under section 3441, 1 Comp. Laws (1 Comp.…
2Cases cited26 opinions
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- The CorsairSupreme Court of the United States · 1892
- Hurst v. Detroit City RailwayMichigan Supreme Court · 1891
- McEvoy v. City of Sault Ste. MarieMichigan Supreme Court · 1904
- Staal v. Grand Rapids & Indiana RailroadMichigan Supreme Court · 1885
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3Cited by31 opinions
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- Courtney v. AppleMichigan Supreme Court · 1956
- Rohlfing v. Moses Akiona, Ltd.Hawaii Supreme Court · 1961
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