Legal Opinion

Perego v. Lake Shore & Michigan Southern Railway Co.

Michigan Supreme Court

Decided September 21, 1909No. Docket No. 28PublishedCited by 10 opinions

Error to Hillsdale; Chester, J. Case by Marvin L. Perego, administrator of the estate of Ralph Austin Perego, deceased, against the Lake Shore & Michigan Southern Railway Company for the negligent killing of plaintiff’s intestate. A judgment for plaintiff is reviewed by defendant on writ of error.

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Error to Hillsdale; Chester, J. Case by Marvin L. Perego, administrator of the estate of Ralph Austin Perego, deceased, against the Lake Shore & Michigan Southern Railway Company for the negligent killing of plaintiff’s intestate. A judgment for plaintiff is reviewed by defendant on writ of error. Plaintiff’s decedent, a boy 8£ years old, was killed while crossing the tracks in the defendant’s yard, opposite the passenger house, being struck by the tender of an engine which was backing on a switch track. The boy lived in Chicago. He and his brother, about 20 years old, had come to visit their…

1Opinion of the CourtGrant, J.

{after stating the facts). The defendant had performed its entire duty to prevent parties crossing its yard and grounds at this place. It had posted warning notices, and had frequently notified travelers against crossing there. It had provided a safe approach from its tracks to its depot, and it was the legal duty of passengers to go to and depart from trains in the way provided. Many trains were going in and out daily, both passenger and freight, and switching of cars was continually going on. The danger was apparent. A traveler choosing to depart *230from the safe way provided and taking a…

2Cases cited1 opinion

  1. Trudell v. Grand Trunk Railway Co.Michigan Supreme Court · 1901

3Cited by10 opinions

  1. Knickerbocker v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1911
  2. Mollica v. Michigan Central RailroadMichigan Supreme Court · 1912
  3. Winnie v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1910
  4. Levy v. Houghton County Street Railway Co.Michigan Supreme Court · 1911
  5. Otto v. Ann Arbor RailroadMichigan Supreme Court · 1915

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