Ketchum v. Fillingham
Michigan Supreme Court
Error to Ingham; Collingwood, J. Case by Catherine J. Ketchum against Joseph P. Fillingham for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error. Plaintiff was injured in a collision between an automobile owned and operated by defendant and a carriage in which she was riding. Just prior to the accident plaintiff was driving slowly in a westerly direction along Hillsdale street, in the city of Lansing.
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Error to Ingham; Collingwood, J. Case by Catherine J. Ketchum against Joseph P. Fillingham for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error. Plaintiff was injured in a collision between an automobile owned and operated by defendant and a carriage in which she was riding. Just prior to the accident plaintiff was driving slowly in a westerly direction along Hillsdale street, in the city of Lansing. When she reached Washington avenue, she observed a street car approaching from the north. She drove out upon Washington avenue, but claims to have stopped her…
1Opinion of the CourtBrooke, J.
(after stating the facts). We cannot agree with the claim of defendant that plaintiff was, un*706der her own testimony, guilty of contributory negligence as a matter of law. If her testimony is to be believed, she acted with ordinary prudence. Under all the testimony, it was, at most, a question of fact for the determination of the jury under proper instructions, which were given.
With reference to defendant’s negligence, the court charged the jury as follows:
<c It [the automobile] entails on the man or woman who runs it the duty of keeping it under control, especially at the street intersections,…
2Cases cited6 opinions
- Hamilton v. PeopleMichigan Supreme Court · 1874
- Knowles v. PeopleMichigan Supreme Court · 1867
- Fuller v. Mayor of JacksonMichigan Supreme Court · 1892
- Hall v. City of CadillacMichigan Supreme Court · 1897
- O'Rourke v. O'RourkeMichigan Supreme Court · 1880
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