Amedeo v. Grand Rapids & Indiana Railway Co.
Michigan Supreme Court
Error to Kalamazoo; Weimer (George V.), J. Case by Paula Amedeo, administratrix of the estate of Leo Amedeo, deceased, against the Grand Rapids & Indiana Railway Company for the negligent killing of plaintiff’s decedent. Judgment for plaintiff. Defendant brings error.
1DissentClark, J.
I am unable to concur in the opinion of Mr. Justice Stone. Plaintiff was guilty of contributory negligence as a matter of law. Defendant was entitled to a peremptory instruction to that effect. The quoted theory and rule that a plaintiff shall not be held guilty of contributory negligence as a matter of law unless and until all reasonable minds shall so agree may be applied to a case of first impression. It can have no force as against precedent, controlling opinions of this court.
*56Of the question and upon the facts here presented the ease of Beagle v. Railroad Co., 184 Mich. 17, is decisive.…
2Cases cited13 opinions
- Gillett v. Michigan United Traction Co.Michigan Supreme Court · 1919
- Colborne v. Detroit United RailwayMichigan Supreme Court · 1913
- Manos v. Detroit United RailwayMichigan Supreme Court · 1911
- Kwiotkowski v. Grand Trunk Railway Co.Michigan Supreme Court · 1888
- Matta v. Chicago & West Michigan Railway Co.Michigan Supreme Court · 1888
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