McQuisten v. Detroit Citizens' Street-Railway Co.

The plaintiff’s intestate, Peter Trudell, was killed by a Jefferson avenue car, in the suburbs of Detroit, under the following circumstances. At the point of *333the accident, the defendant’s street railway did not occupy the traveled portion of the highway, but was located near where the curb would be, were the street paved, on the northerly side of the highway. A short distance west of the intersection of Bowen avenue with Jefferson avenue, and a few feet north of the track, there was a well, somewhere from three to seven feet distant. From Bowen avenue the track extended westerly in a straight…