La Flamme v. Detroit & Mackinaw Railway Co.
Michigan Supreme Court
Error to Alcona; Simpson, J. Case by Joseph La Flamme and another against the Detroit & Mackinaw Railway Company to recover the value of a horse killed on defendant’s right of way. From a judgment for plaintiffs, defendant brings error.
1Opinion of the CourtHooker, J.
Plaintiffs’ horse walked over a cattle guard upon the defendant’s railroad track, and was killed. The defendant appeals from a verdict for its value. The cattle guard was a patent one, known as the “National Surface Cattle Guard,” and it appeared that cattle were in the habit of walking over it, and that the plaintiffs’ tenant turned their horse into the road with the knowledge that he had crossed said cattle guard.
*510Counsel for the defendant contends that the cattle guard was sufficient, and that, therefore, there could be no recovery. The claim was based upon a printed paper over the name of…
2Cases cited2 opinions
- Flint & Pere Marquette Railway Co. v. LullMichigan Supreme Court · 1874
- Robinson v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1890
3Cited by5 opinions
- Wright v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1903
- Richards v. WaltzMichigan Supreme Court · 1908
- Hathaway v. Detroit, Toledo & Milwaukee Railway Co.Michigan Supreme Court · 1900
- Geerds v. Ann Arbor RailroadMichigan Supreme Court · 1914
- Clement v. Pere Marquette RailroadMichigan Supreme Court · 1904