Legal Opinion

Mott v. Detroit, Grand Haven & Milwaukee Railway Co.

Michigan Supreme Court

Decided May 9, 1899PublishedCited by 29 opinions

Error to Shiawassee; Smith, J. Case by Daniel Mott against the Detroit, Grand Haven & Milwaukee Railway Company for personal injuries. From a judgment for plaintiff, defendant brings error. About 7:15 on the evening of October 1, 1897, plaintiff, with his horse and buggy, was driving-across the defendant’s track, in the city of Owosso, on Smith avenue. A section crew, consisting of- five men, was coming from the east on a hand-car. It was dark and somewhat smoky and foggy.

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Error to Shiawassee; Smith, J. Case by Daniel Mott against the Detroit, Grand Haven & Milwaukee Railway Company for personal injuries. From a judgment for plaintiff, defendant brings error. About 7:15 on the evening of October 1, 1897, plaintiff, with his horse and buggy, was driving-across the defendant’s track, in the city of Owosso, on Smith avenue. A section crew, consisting of- five men, was coming from the east on a hand-car. It was dark and somewhat smoky and foggy. The section crew had been detained at the Corunna coal mines, in moving some tracks, and were later than usual in going…

1Opinion of the CourtGrant, C. J.

(after stating the facts). 1. Error is assigned upon the refusal of the court to direct a verdict for the defendant. We think the case was a proper one for the determination of a jury, both as to the negligence of defendant and contributory negligence on the part of the plaintiff. The rules of the corporation provide that ‘ ‘ hand-cars * * * must not be on the main line during a fog or snowstorm, or at night, except in -urgent cases, and then only when ordered by the road-master.” It was not customary for hand-cars to be run at night. It was not, therefore, the duty of the plaintiff to be on…

2Cases cited8 opinions

  1. Grand Rapids & Indiana Railroad v. HuntleyMichigan Supreme Court · 1878
  2. Strudgeon v. Village of Sand BeachMichigan Supreme Court · 1895
  3. Anderson v. Michigan Central RailroadMichigan Supreme Court · 1895
  4. Andrews v. Tamarack Mining Co.Michigan Supreme Court · 1897
  5. Geist v. Detroit City RailwayMichigan Supreme Court · 1892

3 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
  2. Fishleigh v. Detroit United RailwayMichigan Supreme Court · 1919
  3. Sax v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1900
  4. Mulcahy v. Argo Steel Construction Co.Michigan Court of Appeals · 1966
  5. Bunton v. HullNew Mexico Supreme Court · 1947

24 more not listed; retrieve them via the Exa API.

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