McVean v. Detroit United Railway
Michigan Supreme Court
Error to Oakland; Smith, J. Case by Ethel McVean, by next friend, against the Detroit United Railway for personal injuries. There was judgment for plaintiff, and defendant brings error. Defendant’s track runs over North Saginaw street, in the city of Pontiac. The street is 30 feet 2 inches wide, the distance between the west rail and the curb being 12 feet and 7 inches.
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Error to Oakland; Smith, J. Case by Ethel McVean, by next friend, against the Detroit United Railway for personal injuries. There was judgment for plaintiff, and defendant brings error. Defendant’s track runs over North Saginaw street, in the city of Pontiac. The street is 30 feet 2 inches wide, the distance between the west rail and the curb being 12 feet and 7 inches. The car projected 22¿ inches beyond the track. / Plaintiff, 15 years old, was riding with her sister in a buggy drawn by one horse. Her sister was driving, sitting on the right side of the buggy, next to the curb; plaintiff,…
1Opinion of the CourtGrant, J.
(after stating the facts). Defendant’s counsel insist that there was no negligence on the part of the defendant, and that the plaintiff was guilty of contributory negligence in jumping from the buggy. The defendant, both in reason and under the authorities cited by the defendant, could not be held liable for the commotion of leaves and dust caused by running at the ordinary and lawful rate of speed. The case was not submitted to the jury upon that theory.
The evidence on the part of the plaintiff tended to show a speed as high as 20 miles an hour, and that this unusual *265rate of speed caused an…
2Cases cited4 opinions
- Montgomery v. Lansing City Electric Railway Co.Michigan Supreme Court · 1894
- Chauvin v. Detroit United RailwayMichigan Supreme Court · 1903
- Selleck v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1892
- McClellan v. Fort Wayne & Belle Isle Railway Co.Michigan Supreme Court · 1895
3Cited by6 opinions
- Lundien v. Fort Dodge, Des Moines & Southern Railway Co.Supreme Court of Iowa · 1914
- McQuisten v. Detroit Citizens' Street-Railway Co.Michigan Supreme Court · 1907
- Walter v. Detroit, Jackson & Chicago Railway Co.Michigan Supreme Court · 1916
- Line v. Grand Rapids & Indiana Railway Co.Michigan Supreme Court · 1906
- Marshall Traction Co. v. YoungCourt of Appeals of Texas · 1915
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