Smith v. Detroit & Mackinac Railway Co.
Michigan Supreme Court
Error to AlconaConnine, J. Case by Christopher C. Smith, administrator of the estate of Margaret Smith, deceased, against the Detroit & Mackinac Railway Company, for the alleged negligent-killing of his intestate. From a judgment for plaintiff, defendant brings error. The village of Black River, in 1898, contained between 250 and 300 inhabitants. The main street runs east and west through the village, and is 5Ó feet wide. The houses are scattered.
Read the full summary
Error to AlconaConnine, J. Case by Christopher C. Smith, administrator of the estate of Margaret Smith, deceased, against the Detroit & Mackinac Railway Company, for the alleged negligent-killing of his intestate. From a judgment for plaintiff, defendant brings error. The village of Black River, in 1898, contained between 250 and 300 inhabitants. The main street runs east and west through the village, and is 5Ó feet wide. The houses are scattered. Plaintiff lived on the easterly side of the village, on a highway known as the “State Road,” running north and south, at right angles with the main…
1Opinion of the CourtGrant, J.
(after stating the facts). That the bell was rung is conclusively established. It was charged that the fireman, who was leaning out of the cab of the engine on the right as it approached the crossing, and whose duty it was to keep watch of the highway on that side, had defective eyesight. He, however, testified that he saw the deceased as she approached the crossing, and notified the engineer, who was keeping watch on the other side, as soon as he saw that she was in danger. The engineer testified that, as, soon as the fireman notified him, he applied the brake and reversed the engine. It was…
2Cases cited4 opinions
- Grostick v. Detroit, Lansing & Northern RailroadMichigan Supreme Court · 1892
- Tucker v. Chicaco & Grand Trunk Railway Co.Michigan Supreme Court · 1899
- Lau v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1899
- Bennett v. Detroit Citizens' Street-Railway Co.Michigan Supreme Court · 1900
3Cited by2 opinions
- Amedeo v. Grand Rapids & Indiana Railway Co.Michigan Supreme Court · 1921
- Amedeo v. Grand Rapids & Indiana Railway Co.Michigan Supreme Court · 1921