Legal Opinion

Mullen v. City of Owosso

Michigan Supreme Court

Decided April 17, 1894PublishedCited by 22 opinions

Error to Shiawassee. (Newton, J.) Argued June 8, 1893, and reargued January 6, 1894. Decided April 17, 1894. Negligence case. Plaintiff brings error. The facts are stated in the opinion.

1Opinion of the CourtLong, J.

The plaintiff, a woman about 34 years of age, was riding with Mr. Pond in a private carriage drawn by one horse along a public street in the city of Owosso. Overtaking Mr. Sanders, who was driving in the same direction, Mr. Pond attempted to pass him. Sanders was driving at a rapid rate, and Mr. Pond, in attempting to pass, started his horse rapidly forward. The parties raced for a distance, when Mr. Pond ran over a pile of sand in the highway. His carriage was overturned, and plaintiff thrown out and injured.

The proofs are clear that Mr. Pond knew that a building was being erected by the…

2Cases cited5 opinions

  1. Lake Shore & Michigan Southern Railroad v. MillerMichigan Supreme Court · 1872
  2. Schindler v. Milwaukee, Lake Shore & Western Railway Co.Michigan Supreme Court · 1891
  3. Shippy v. Village of Au SableMichigan Supreme Court · 1891
  4. Battishill v. HumphreysMichigan Supreme Court · 1887
  5. Cowan v. Muskegon Railway Co.Michigan Supreme Court · 1891

3Cited by22 opinions

  1. Bricker v. GreenMichigan Supreme Court · 1946
  2. Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
  3. Cotton v. Willmar & Sioux Falls Railway Co.Supreme Court of Minnesota · 1906
  4. Colborne v. Detroit United RailwayMichigan Supreme Court · 1913
  5. Holsaple v. Menominee Sup'ts of PoorMichigan Supreme Court · 1925

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