Calvert v. Detroit United Railway
Michigan Supreme Court
Error to Wayne; Codd, J. Case by Belle Calvert against the Detroit United Railway for personal injuries. Judgment for plaintiff. Defendant brings error.
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Error to Wayne; Codd, J. Case by Belle Calvert against the Detroit United Railway for personal injuries. Judgment for plaintiff. Defendant brings error. The amended declaration of the plaintiff contains the following allegations: “The plaintiff avers that, before defendant’s said car struck plaintiff’s said vehicle, as hereinafter set forth, plaintiff’s said vehicle, in which plaintiff was then and there riding and driving as aforesaid, had then and there entered upon and started to cross said Porter street as aforesaid, and had passed the northerly line of the sidewalk on the southerly side…
1Opinion of the CourtOstrander, C. J.
(after stating the facts). 1. The amended declaration, its language being fairly interpreted, alleges peril of plaintiff, discovered by defendant’s agents in time to avert injury by proper action on their part. It must be held to be sufficient.
*3212. The principal, and the interesting, question, upon the merits, is whether the testimony presents the case alleged in the declaration. The doctrine of comparative negligence is not a part of the law of this State. It is the law of this State that when plaintiff is guilty of negligence contributing to the injury he can recover no damages for the injury.…
2Cases cited9 opinions
- Holmes v. South Pacific Coast RailwayCalifornia Supreme Court · 1893
- Fike v. Pere Marquette RailroadMichigan Supreme Court · 1913
- Smith v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1894
- Labarge v. Pere Marquette RailroadMichigan Supreme Court · 1903
- Smith v. . R. R.Supreme Court of North Carolina · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Sun Oil Company v. SeamonMichigan Supreme Court · 1957
- Oxenger v. WardMichigan Supreme Court · 1932
- Kelley v. KellerMichigan Supreme Court · 1920
- Riley v. WaltersMichigan Supreme Court · 1936
- Sullivan v. Detroit & Windsor Ferry Co.Michigan Supreme Court · 1931
7 more not listed; retrieve them via the Exa API.