West v. Detroit United Railway
Michigan Supreme Court
Error to Wayne; Lockwood, J., presiding. Case by Mary F. West, administratrix of the estate of Charles L. West, deceased, against the Detroit United Railway for the negligent killing of plaintiff’s intestate. A judgment for plaintiff is reviewed by defendant on writ of error. On August 16, 1907, the day on which plaintiff’s decedent lost his life, defendant company operated a double-track street railway on Gratiot avenue, Detroit.
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Error to Wayne; Lockwood, J., presiding. Case by Mary F. West, administratrix of the estate of Charles L. West, deceased, against the Detroit United Railway for the negligent killing of plaintiff’s intestate. A judgment for plaintiff is reviewed by defendant on writ of error. On August 16, 1907, the day on which plaintiff’s decedent lost his life, defendant company operated a double-track street railway on Gratiot avenue, Detroit. On and prior to that date Gratiot avenue was torn up for the purpose of repaving, and a temporary track was laid, south of the regular tracks, and within about four…
1Opinion of the CourtBrooke, J.
(after stating the facts). Plaintiff’s principal allegation of negligence is based upon the fact that the car which struck plaintiff’s decedent did not stop at the westerly side of the boulevard, in violation of its. duty so to do. It was the claim of plaintiff that decedent *271in crossing the track relied upon the custom of the east-hound cars to stop at the westerly side of the boulevard. Exhibits were introduced by defendant, at plaintiff’s request, showing that on July 16 and 29, 1907, bulletins were issued by defendant, requiring all cars to stop before crossing the boulevard. Testimony was…
2Cases cited2 opinions
- Olivier v. Houghton County Street-Railway Co.Michigan Supreme Court · 1903
- McKernan v. Detroit Citizens' Street-Railway Co.Michigan Supreme Court · 1904
3Cited by13 opinions
- Beach v. City of St. JosephMichigan Supreme Court · 1916
- Budnick v. PetersonMichigan Supreme Court · 1921
- Davidson v. City of DetroitMichigan Supreme Court · 1943
- Jorgensen v. Grand Rapids & Indiana Railway Co.Michigan Supreme Court · 1915
- Ely v. Detroit United RailwayMichigan Supreme Court · 1910
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