Boutell v. Michigan Central Railroad
Michigan Supreme Court
Error to Wáshtenaw; Kinne, J. Case by Hiram Boutell against the Michigan Central Railroad Company for personal injuries. From a judgment for plaintiff, defendant brings error. In the city of Ypsilanti, River street runs north and south, and Cross street east and west, the two intersecting where the tracks of the defendant cross them. Its roadbed runs northwesterly and southeasterly.
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Error to Wáshtenaw; Kinne, J. Case by Hiram Boutell against the Michigan Central Railroad Company for personal injuries. From a judgment for plaintiff, defendant brings error. In the city of Ypsilanti, River street runs north and south, and Cross street east and west, the two intersecting where the tracks of the defendant cross them. Its roadbed runs northwesterly and southeasterly. The passenger depot is located westerly of Cross street, but at what distance does not appear. A power house is located on the south side of Cross street and east of River street. On the west side of River street…
1Opinion of the CourtGrant, J.
(after stating the facts). We think the plaintiff was clearly guilty of contributory negligence. He heard the noise made by the engine and the train. He must have heard the exhaust of the steam. He testified he supposed that these noises were caused by another engine, farther away in the defendant’s yard. He had no right to rely upon this supposition. He knew that the train was standing there when he left the power house, that it stopped only long enough to accommodate travelers in getting off and on, and that it was liable to start up any moment. The noise alone, even though the bell was not…
2Cases cited2 opinions
- Brinker v. Michigan Central RailroadMichigan Supreme Court · 1899
- Spaven v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1902
3Cited by4 opinions
- Beagle v. Pere Marquette RailroadMichigan Supreme Court · 1915
- Beauerle v. Michigan Central RailroadMichigan Supreme Court · 1908
- Welch v. Michigan Central RailroadMichigan Supreme Court · 1907
- Storrs v. Grand Trunk Western Railway Co.Michigan Supreme Court · 1905