Legal Opinion

Newell v. Detroit, Grand Haven & Milwaukee Railway Co.

Michigan Supreme Court

Decided September 28, 1915No. Docket No. 77Published

Error to Ottawa; Cross, J. Case by Sarah Newell, administratrix of the estate of David Newell, deceased, against the Detroit, Grand Haven & Milwaukee Railway Company for the unlawful killing of plaintiff’s decedent. Judgment for defendant on a directed verdict. Plaintiff brings error.

1Opinion

ON REHEARING.

Kuhn, J.

The argument on the rehearing granted in this case was had in conjunction with a rehearing granted in Risbridger v. Railroad Co.,1 opinion appearing in 152 N. W. 961. After a careful review of the elaborate briefs submitted by counsel, and a full con*704sideration of the arguments had at the hearing, we have been unable to come to any other conclusion but the one arrived at in the opinion heretofore written. In our opinion, the facts in this case clearly bring the situation within the rule announced in Sturgis v. Railway Co., 72 Mich. 619 (40 N. W. 914); Clark v. Railroad…

2Cases cited11 opinions

  1. Fike v. Pere Marquette RailroadMichigan Supreme Court · 1913
  2. Knickerbocker v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1911
  3. Morrison v. CarpenterMichigan Supreme Court · 1914
  4. Sturgis v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1888
  5. Huggett v. ErbMichigan Supreme Court · 1914

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