Legal Opinion · Dissent

Ottinger v. Detroit United Railway

Michigan Supreme Court

Decided June 2, 1911No. Docket No. 137Published

Error to Wayne; Donovan, J. Case by Mabel Ottinger against the Detroit United Railway. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

1DissentMoore, J.

( dissenting). This action is brought to recover damages for injuries received by plaintiff, a married woman, who claims she was violently thrown forward and down while a passenger, because of the negligent stopping of the car by the motorman. At the conclusion of the testimony the trial judge directed a verdict in favor of defendant.

The only question necessary to discuss is whether the case should be decided as a matter of law, or whether, as plaintiff claims, it should have been submitted to the jury.

The plaintiff, with her husband and a friend, took a car going south on Oakland avenue at…

2Cases cited4 opinions

  1. Burke v. Bay City Traction & Electric Co.Michigan Supreme Court · 1907
  2. Howell v. Lansing City Electric Railway Co.Michigan Supreme Court · 1904
  3. Beattie v. Detroit United RailwayMichigan Supreme Court · 1909
  4. Selby v. Detroit RailwayMichigan Supreme Court · 1905

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