Starbard v. Detroit, Grand Haven & Milwaukee Railway Co.
Michigan Supreme Court
Error to'Kent; Adsit, J. Case by Jennie M. Starbard, administratrix of the estate of Melvin Starbard, deceased, against the Detroit, Grand Haven & Milwaukee Railway Company, for the alleged negligent killing of her intestate. From a judgment for plaintiff, defendant brings error.
1Opinion of the CourtLong, J.
July 16, 1896, the deceased was struck and killed by a train on defendant’s road. This action is brought to recover damages on the ground that defendant’s servants were guilty of gross negligence in not giving him warning of the approach of the train. It appears that the deceased was walking on the defendant’s *24track, about 12:30 p. m. of that day, near Lowell station. He lived a little east and south of where he was killed, had lived there about six years, and was familiar with the surroundings. He came upon the track near what was called the “County-Line Road,” and had walked west between…
2Cases cited6 opinions
- Erickson v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1889
- Lyons v. Bay Cities Consolidated Railway Co.Michigan Supreme Court · 1897
- Redson v. Michigan Central RailroadMichigan Supreme Court · 1899
- Frost v. Milwaukee & Northern RailroadMichigan Supreme Court · 1893
- Johnson v. TruesdaleSupreme Court of Minnesota · 1891
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3Cited by3 opinions
- Trudell v. Grand Trunk Railway Co.Michigan Supreme Court · 1901
- Kelley v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1902
- Levy v. Houghton County Street Railway Co.Michigan Supreme Court · 1911