Donlin v. Detroit United Railway

(after stating the facts). We conclude, as matter of law, that the driver Rugg was .guilty of negligence contributing to the accident. He was not called as a witness; was not available, having left Detroit some time before the trial. If he depended upon his sense of hearing alone — and no other rational explanation of his conduct is permissible — it is not a sufficient excuse. To approach with an automobile the track of a street railway where the vision is obstructed at so high a rate of speed as to make it impossible to stop before the track is reached, where, after the machine has reached…