Myers v. Hinds
Michigan Supreme Court
Error to Montcalm; Davis, J. Case by Ethel Myers, an infant, by her next friend, against Henry H. Hinds, to recover damages for injuries sustained by a collision with a bicycle. From a judgment for defendant on verdict directed by the court, plaintiff brings error. Plaintiff, a girl 14 years of age, was returning from a picnic in the country.
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Error to Montcalm; Davis, J. Case by Ethel Myers, an infant, by her next friend, against Henry H. Hinds, to recover damages for injuries sustained by a collision with a bicycle. From a judgment for defendant on verdict directed by the court, plaintiff brings error. Plaintiff, a girl 14 years of age, was returning from a picnic in the country. She was walking down a hill carrying her little sister in her arms, in a path about a foot from the wagon roadbed, the path being wide enough for two persons to walk abreast. The defendant was riding down the hill on a bicycle in the same path. He came…
1Opinion of the CourtGrant, J.
(after stating the facts). We think the •court was in error, and that the plaintiff’s evidence entitled her to go to the jury. A bicycle is a vehicle. Counsel for the defendant concede this, and the authorities so hold. Holland v. Bartch, 120 Ind. 46 (16 Am. St. Rep. 307); Mercer v. Corbin, 117 Ind. 450 (10 Am. St. Rep. 76); Taylor v. Goodwin, 4 Q. B. Div. 228. The question, therefore, is: What was the duty of the defendant, riding on- a vehicle, in passing a pedestrian going in the same direction ? His vehicle made no noise, and he gave no signal. Many others were walking in this narrow…
2Cases cited3 opinions
- Mercer v. CorbinIndiana Supreme Court · 1889
- Holland v. BartchIndiana Supreme Court · 1889
- Knowles v. CramptonSupreme Court of Connecticut · 1887
3Cited by10 opinions
- Hunt v. HopleySupreme Court of Iowa · 1903
- Richardson v. Inhabitants of DanversMassachusetts Supreme Judicial Court · 1900
- Stockfisch v. FoxMichigan Supreme Court · 1936
- People v. SmithMichigan Supreme Court · 1909
- Murfin v. Detroit & Erin Plank-Road Co.Michigan Supreme Court · 1897
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