Motyka v. Detroit, Grand Haven & Milwaukee Railway Co.

I cannot concur in the opinion of Mr. Justice Clark. Under the evidence introduced by plaintiffs the young men were guilty of contributory negligence, and the judgments, notwithstanding the verdicts, should be affirmed.

An eyewitness, and the only person who saw the accident and who was walking immediately behind the young men, was called by plaintiffs and testified that, before the young men stepped on the track, they did not look in the direction of the oncoming ears. Opportunity to have observed the approaching cars in time to keep off the track was open to them, and the absence of the…