Legal Opinion

McNeal v. Detroit United Railway

Michigan Supreme Court

Decided September 27, 1917No. Docket No. 144Published

Error to Wayne; Mandell, J. Case by John S. McNeal against the Detroit United Railway for personal injuries. Judgment for plaintiff. Defendant brings error.

1Opinion of the CourtOstrander, J.

Plaintiff was driving his motor car 'on defendant’s track. One reason for doing so was *109that between the tracks and the curb the presence of snow affected ease and comfort of travel. Defendant’s street.car, following plaintiff’s car, struck it, injuring the car, and injuring the plaintiff. Plaintiff says defendant’s servant negligently drove the street car upon him. It is defendant’s claim that plaintiff’s negligence alone caused the injury, that no negligence on the part of defendant’s agent is made out, and therefore a verdict for defendant should have been directed. Error is also assigned…

2Cases cited9 opinions

  1. Rouse v. Detroit Electric RailwayMichigan Supreme Court · 1901
  2. Ablard v. Detroit United RailwayMichigan Supreme Court · 1905
  3. Manfull v. GrahamNebraska Supreme Court · 1898
  4. Manor v. Bay Cities Consolidated Railway Co.Michigan Supreme Court · 1898
  5. Hibbler v. Detroit United RailwayMichigan Supreme Court · 1912

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