Van Auken v. Chicago & West Michigan Railway Co.
Michigan Supreme Court
Error to Van Burén. (Buck, J.) Negligence case. Defendant brings error. The facts are stated in the opinion.
1DissentGrant, J.
I think the court should have directed a verdict in this case for the defendant, on the ground of the plaintiff's own negligence. She, and those who were with her at the time of the accident, testify that the night was very dark; so dark that they had difficulty in finding their team, which had been' hitched to the fence by the roadside, to await the arrival of the excursion train upon which two of the party were to come..
The situation of the railroad and of the highway appears in the following diagram, page 318.
The distance from the depot to the crossing along the railroad is a little over a…
2Cases cited12 opinions
- Henze v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Mynning v. Detroit, Lansing & Northern RailroadMichigan Supreme Court · 1887
- Haas v. Grand Rapids & Indiana RailroadMichigan Supreme Court · 1882
- Union Pacific Railway Co. v. AdamsSupreme Court of Kansas · 1885
- Flemming v. W. Pac. R.R.California Supreme Court · 1874
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