Bond v. Lake Shore & Michigan Southern Railway Co.
Michigan Supreme Court
Error to Washtenaw; Kinne, J. Case by Hattie M. Bond against the Lake Shore & Michigan Southern Railway Company for personal injuries. From a judgment for plaintiff, defendant brings error. Plaintiff claims that while she was riding south from Ann Arbor, in a public highway, her carriage was struck by the engine of a freight train going west on the defendant’s road.
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Error to Washtenaw; Kinne, J. Case by Hattie M. Bond against the Lake Shore & Michigan Southern Railway Company for personal injuries. From a judgment for plaintiff, defendant brings error. Plaintiff claims that while she was riding south from Ann Arbor, in a public highway, her carriage was struck by the engine of a freight train going west on the defendant’s road. The accident happened September 22, 1894, and she commenced this action August 19, 1896. She recovered verdict and judgment. She was 66 years old, was alone, and driving with one horse and a covered buggy. The curtains were…
1Opinion of the CourtGrant, C. J.
(after stating the facts). 1. Plaintiff was guilty of contributory negligence, under her own testimony. She had lived -for 15 years a short distance south of this crossing, and crossed it many times, and was entirely familiar with the situation. She was partially deaf in her left ear, which was towards the east, the direction from which the train was approaching. In a written statement, made a few weeks after the accident, she said that she was entirely deaf in that ear. When plaintiff reached a point near Mr. Ukle’s house, she heard a train at the east which she supposed was on the Ann Arbor…
2Cases cited2 opinions
- Shufelt v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1893
- Bohan v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1884
3Cited by2 opinions
- Hope v. Great Northern Railway Co.North Dakota Supreme Court · 1909
- Bond v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1901