Cornell v. Detroit Electric Railway Co.

The defendant owns and operates an electric railway upon Dix avenue, in the city of Detroit, under authority granted hy the city. At the time of the accident complained of, the street was not paved; the track was laid in the center, and was several inches higher than the roadway upon either side, thereby rendering it somewhat difficult for persons to drive from one side to the other, except at the street crossings. The situation of Dix avenue, and of the streets crossing it near where the accident occurred, is shown by the diagram on following page.

The land in the vicinity was open common,…