Brinker v. Michigan Central Railroad
Michigan Supreme Court
Error to Saginaw; Snow, J. Case by John Brinker against the Michigan Central Railroad Company for personal injuries. From a judgment for defendant on verdict directed by the court, plaintiff brings error. Plaintiff was injured by a collision with a regular passenger train on the defendant’s railroad at the highway crossing where defendant’s track crosses Carrollton avenue, near the northern limits of the village of Carrollton.
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Error to Saginaw; Snow, J. Case by John Brinker against the Michigan Central Railroad Company for personal injuries. From a judgment for defendant on verdict directed by the court, plaintiff brings error. Plaintiff was injured by a collision with a regular passenger train on the defendant’s railroad at the highway crossing where defendant’s track crosses Carrollton avenue, near the northern limits of the village of Carrollton. The highway on which plaintiff was traveling runs nearly north and south between the villages of Zilwaukee and Carrollton. For a distance of about one mile north of the…
1Opinion of the CourtGrant, C. J.
(after stating the facts). The charge of the court was correct, both as to the facts and the law. Plaintiff was not hampered by the care of his horse. He was in no more dangerous position than he would have been on foot. He testified that in the sand his horse and wagon made no noise. He could have stopped as quickly as if he had been walking. He alone was responsible for supposing that the train was on the other road. He knew that a train was approaching, and it was his duty to stop and ascertain which road it was on. There was no occasion for hurry. He was the master of his own movements,…
2Cases cited3 opinions
- Haas v. Grand Rapids & Indiana RailroadMichigan Supreme Court · 1882
- White v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Mahlen v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1883
3Cited by5 opinions
- Beagle v. Pere Marquette RailroadMichigan Supreme Court · 1915
- Beauerle v. Michigan Central RailroadMichigan Supreme Court · 1908
- Bond v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1901
- Boutell v. Michigan Central RailroadMichigan Supreme Court · 1903
- Storrs v. Grand Trunk Western Railway Co.Michigan Supreme Court · 1905