Tunison v. Weadock
Michigan Supreme Court
Error to Bay; Shepard, J. Case by Petronilla Tunison against John C. Weadock and Michael P. Heraty, receivers of the Bay Cities Consolidated Street-Railway Company, for personal injuries. From a judgment for plaintiff, defendants bring error. Plaintiff and her husband, who was driving, were returning home from Bay City about half past 5 on the evening of December 15, 1899, along Center avenue. They were driving on the south side of defendants’ track.
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Error to Bay; Shepard, J. Case by Petronilla Tunison against John C. Weadock and Michael P. Heraty, receivers of the Bay Cities Consolidated Street-Railway Company, for personal injuries. From a judgment for plaintiff, defendants bring error. Plaintiff and her husband, who was driving, were returning home from Bay City about half past 5 on the evening of December 15, 1899, along Center avenue. They were driving on the south side of defendants’ track. Just behind them was another horse and wagon, with two occupants, — a man and his wife, named Robinson. A street car was coming from the rear.…
1Opinion of the CourtGrant, J.
(after stating the facts). The following: facts are established by the testimony:
*1491. Plaintiff and her husband were familiar with the manner and the usual speed of running cars in that part •of the city.
2. A car passed every few minutes, and therefore they should have expected one.
3. Plaintiff and all her witnesses, including her husband, who was driving, supposed that" they were far enough away from the track to permit a car to pass.
4. Plaintiff’s husband turned suddenly towards or across the track just before the buggy was struck.
5. There was a good and safe roadway, 12 to 15 feet wide,…
2Cases cited14 opinions
- Montgomery v. Lansing City Electric Railway Co.Michigan Supreme Court · 1894
- Fritz v. Detroit Citizens' Street Railway Co.Michigan Supreme Court · 1895
- Rouse v. Detroit Electric RailwayMichigan Supreme Court · 1901
- Rascher v. East Detroit & Grosse Pointe Railway Co.Michigan Supreme Court · 1892
- Christensen v. Union Trunk LineWashington Supreme Court · 1893
9 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Indianapolis Street Railway Co. v. BolinIndiana Court of Appeals · 1906
- Ablard v. Detroit United RailwayMichigan Supreme Court · 1905
- Indianapolis Street Railway Co. v. DarnellIndiana Court of Appeals · 1903
- Chambers v. Princeton Power Co.West Virginia Supreme Court · 1923
- Robinson v. Honolulu Rapid Transit & Land Co.Hawaii Supreme Court · 1911
15 more not listed; retrieve them via the Exa API.