Legal Opinion

McCarthy v. Detroit Citizens' Street Railway Co.

Michigan Supreme Court

Decided June 19, 1899PublishedCited by 14 opinions

Error to Wayne; Donovan, J. Case by Lizzie McCarthy against the Detroit Citizens’ Street Railway Company for personal injuries. From a judgment for plaintiff, defendant brings error. Plaintiff (then 26 years old), on March 20, 1896, about 6 o’clock p. m., was going home from her place of business, in the city of Detroit. She went west on Michigan avenue as far as the east side of Wayne street, at which point she contemplated crossing to the north side of Michigan avenue.

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Error to Wayne; Donovan, J. Case by Lizzie McCarthy against the Detroit Citizens’ Street Railway Company for personal injuries. From a judgment for plaintiff, defendant brings error. Plaintiff (then 26 years old), on March 20, 1896, about 6 o’clock p. m., was going home from her place of business, in the city of Detroit. She went west on Michigan avenue as far as the east side of Wayne street, at which point she contemplated crossing to the north side of Michigan avenue. Defendant has double tracks on Michigan avenue; the north track being used for cars running westerly, and the south track…

1Opinion of the CourtGrant, C. J.

(after stating the facts). For about a year plaintiff had crossed the street at this place, and at the same time of the day, when cars were running frequently. She was therefore entirely familiar with the situation, and the danger incident! to the place, and the necessity of care upon her part. She stood about 6 feet from the track till the east-bound car had passed. Can it be doubted that the moment she had crossed that track and entered upon the place between, at which time she was about 5 feet from the other track, she could have seen the approaching car, had she looked ? If this be so,…

2Cases cited3 opinions

  1. McGee v. Consolidated Street Railway Co.Michigan Supreme Court · 1894
  2. Henderson v. Detroit Citizens' Street-Railway Co.Michigan Supreme Court · 1898
  3. Borschall v. Detroit RailwayMichigan Supreme Court · 1898

3Cited by14 opinions

  1. Knoxville Traction Co. v. BrownTennessee Supreme Court · 1905
  2. Chauvin v. Detroit United RailwayMichigan Supreme Court · 1903
  3. Manos v. Detroit United RailwayMichigan Supreme Court · 1911
  4. Ryan v. Detroit Citizens' Street-Railway Co.Michigan Supreme Court · 1900
  5. Amanta v. Michigan Central RailroadMichigan Supreme Court · 1913

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