Galloway v. Detroit United Railway
Michigan Supreme Court
Error to Wayne; Donovan, J. Case by James S. Galloway against the Detroit United Railway for personal injuries. Judgment for defendant. Plaintiff brings error. Plaintiff hired a taxicab from the Bailey Auto Company of the city of Detroit and directed the driver to convey himself and daughter to Groase Pointe. He gave no further directions to the driver and did not attempt to control his actions either in a selection of the route or in the matter of speed.
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Error to Wayne; Donovan, J. Case by James S. Galloway against the Detroit United Railway for personal injuries. Judgment for defendant. Plaintiff brings error. Plaintiff hired a taxicab from the Bailey Auto Company of the city of Detroit and directed the driver to convey himself and daughter to Groase Pointe. He gave no further directions to the driver and did not attempt to control his actions either in a selection of the route or in the matter of speed. At the corner of Jefferson and Field avenues in said city, defendant maintains a Y upon which it turns its Trumbull avenue cars. Those cars…
1Opinion of the CourtBrooke, J.
(after stating the facts). Counsel for defendant frankly concede that in instructing the jury that plaintiff could not recover unless he showed that the driver of the taxicab acted without negligence, and that his injuries were due solely to the negligence of the defendant, the learned circuit judge was in error.
It seems now to be settled, in this State at least, that, where one suffers an injury through the concurrent negligence of two common carriers, the negligence of the one upon whose conveyance the injured person is a passenger cannot be imputed to the passenger so as to bar his…
2Cases cited2 opinions
- Little v. HackettSupreme Court of the United States · 1886
- Cuddy v. HornMichigan Supreme Court · 1881
3Cited by5 opinions
- Tannehill v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1919
- Johnson v. MackMichigan Supreme Court · 1933
- Rogers v. WeberMichigan Supreme Court · 1926
- Dorrance v. Michigan United Railways Co.Michigan Supreme Court · 1913
- Lachow v. KimmichMichigan Supreme Court · 1933