Weitzel v. Detroit United Railway
Michigan Supreme Court
Error to Wayne; Tucker, J., presiding. Case by Andrew J. Weitzel, as administrator of the estate of Stanley G*. Weitzel, deceased, against the Detroit United Railway for the unlawful killing of decedent. Judgment for defendant upon a directed verdict. Plaintiff brings error.
1DissentBrooke, C. J.
I find myself unable to agree with the conclusions reached by my Brother Kuhn in this case. Plaintiff’s decedent was at the time of the accident 9 years and 3 months old. He was a boy of unusual intelligence, and had been in the habit of crossing Gratiot avenue at or near the point where he was injured for some time, and had been specially instructed by his father as to a safe method of crossing. He should be held guilty of contributory negligence as a matter of law, under the following decisions:
Ecliff v. Railway Co., 64 Mich. 196 (31 N. W. 180); in which case the boy killed was 12 years of…
2Cases cited8 opinions
- Knickerbocker v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1911
- Trudell v. Grand Trunk Railway Co.Michigan Supreme Court · 1901
- Mollica v. Michigan Central RailroadMichigan Supreme Court · 1912
- Ecliff v. Wabash, St. Louis & Pacific Railway Co.Michigan Supreme Court · 1887
- Fehnrich ex rel. Fehnrich v. Michigan Central RailroadMichigan Supreme Court · 1891
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