Legal Opinion · Dissent

Mullen v. City of Owosso

Michigan Supreme Court

Decided April 17, 1894Published

Error to Shiawassee. (Newton, J.) Argued June 8, 1893, and reargued January 6, 1894. Decided April 17, 1894. Negligence case. Plaintiff brings error. The facts are stated in the opinion.

1Dissent

„Hooker, J.

{dissenting). The plaintiff was riding in a1 carriage, with, and upon the invitation of, a Mr. Pond, in the city of Owosso. In attempting to pass another vehicle, the carriage was overturned, by reason of its being-driven upon a pile of sand or rubbish in the street, and plaintiff was injured. The defense is made that' the driver, Mr. Pond, was negligent, and that such negligence should be imputed to the plaintiff.

The cases are not harmonious upon this question, but the great weight of authority is against the defendant's contention; the case of Thorogood v. Bryan (decided in…

2Cases cited16 opinions

  1. Little v. HackettSupreme Court of the United States · 1886
  2. Lake Shore & Michigan Southern Railroad v. MillerMichigan Supreme Court · 1872
  3. Galveston v. KutacTexas Supreme Court · 1889
  4. Philadelphia, Wilmington & Baltimore Railroad v. HogelandCourt of Appeals of Maryland · 1886
  5. Cuddy v. HornMichigan Supreme Court · 1881

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