Rollo v. City Electric Railway Co.
Michigan Supreme Court
Error to St. Clair; Tappan, J. Case by Harry Rollo, by next friend, against the City Electric Railway Company for personal injuries. There was judgment for plaintiff, and defendant brings error. Plaintiff, a child about two and a half years old, while crossing defendant’s tracks on the outskirts of the city of Port Huron, about 4 o’clock in the afternoon, was struck by one of defendant’s cars- and seriously injured.
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Error to St. Clair; Tappan, J. Case by Harry Rollo, by next friend, against the City Electric Railway Company for personal injuries. There was judgment for plaintiff, and defendant brings error. Plaintiff, a child about two and a half years old, while crossing defendant’s tracks on the outskirts of the city of Port Huron, about 4 o’clock in the afternoon, was struck by one of defendant’s cars- and seriously injured. For this injury he recovered a verdict and judgment of $10,000. The attorneys for each party made a statement of the claim-which was read by the court to the jury. The issue…
1Opinion of the Court
Grant, O. J.
( after stating the facts). 1. The two principal errors relied upon for reversal are the refusal of the court to give the following requests to charge:
“ It was not the duty of the motorman to make any attempt to stop tbp car until the time' when the plaintiff’s movements indicated an intention on his. part to move in the direction of the tracks. And if you find that he made every reasonable effort to stop his car as soon as the child started moving toward the tracks, he performed his whole duty, and the defendant is entitled to a verdict.
“While it was the duty of the'motorman to…
2Cases cited4 opinions
- Barnes v. Shreveport City RailroadSupreme Court of Louisiana · 1895
- Hewitt v. East Jordan Lumber Co.Michigan Supreme Court · 1904
- Tunnicliffe v. Bay Cities Consolidated Railway Co.Michigan Supreme Court · 1895
- Carter v. BedorthaMichigan Supreme Court · 1900
3Cited by2 opinions
- Gradyszewski v. Detroit United RailwayMichigan Supreme Court · 1912
- Denver City Tramway Co. v. BrownSupreme Court of Colorado · 1914