Vandercook v. Detroit, Grand Rapids & Western Railroad
Michigan Supreme Court
Error to. Ingham; Person, J. Case by Willis Vandercook against tbe Detroit, Grand Rapids & Western Railroad Company for personal injuries. From a judgment for plaintiff, defendant brings error. Plaintiff, on tbe evening of December 24, 1897, was a passenger over the defendant’s road from Plymouth, Wayne county, to Lansing. The train was due in Lansing at 9 o’clock, and was a few minutes late.
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Error to. Ingham; Person, J. Case by Willis Vandercook against tbe Detroit, Grand Rapids & Western Railroad Company for personal injuries. From a judgment for plaintiff, defendant brings error. Plaintiff, on tbe evening of December 24, 1897, was a passenger over the defendant’s road from Plymouth, Wayne county, to Lansing. The train was due in Lansing at 9 o’clock, and was a few minutes late. The tracks of the defendant and the Michigan Central united about 60 rods south of the depot at Lansing, and formed what is known as a “ Y.” Trains on either road were required to come to a stop upon…
1Opinion of the CourtG-rant, J.
(after stating the facts). The negligence of the defendant, through its engineer, in running into the train upon the Michigan Central, is conceded. The question in the case is this: Was that the proximate cause of the injury to plaintiff ? Plaintiff’s counsel seek to bring the case within the rule stated in Shear. & R. Neg. § 26:
‘£ The proximate cause of an event must be understood to be that which, in a natural and continuous sequence, unbroken by any new, independent cause, produces that event, and without which that event would not have occurred.”
They cite the following authorities: Jensen…
2Cases cited6 opinions
- Lewis v. Flint & Pere Marquette Ry Co.Michigan Supreme Court · 1884
- Phillips v. . New York Central and Hudson River Rd. Co.New York Court of Appeals · 1891
- St. Joseph & Grand Island Railroad v. HedgeNebraska Supreme Court · 1895
- Jensen v. The Joseph B. ThomasDistrict Court, N.D. California · 1897
- Halstead v. Village of WarsawAppellate Division of the Supreme Court of the State of New York · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Baker v. Michigan Central RailroadMichigan Supreme Court · 1912