Guggenheim v. Lake Shore & Michigan Southern Railway Co.
Michigan Supreme Court
Error to Hillsdale. (Pealer, J.) Case. Plaintiff brings error. One who sues for negligent injury must state in his declaration the material facts relied on as a cause of action : Batterson v. G. dé G. T. By. Go. 49 Mieh. 184; Addison v. I. 8. dé M. 8. By. Go. 4S Mich. 155; M. II. dé O. B. B. Go. v. Mareott 41 Mich. 435; F. dé P. M. By.
Read the full summary
Error to Hillsdale. (Pealer, J.) Case. Plaintiff brings error. One who sues for negligent injury must state in his declaration the material facts relied on as a cause of action : Batterson v. G. dé G. T. By. Go. 49 Mieh. 184; Addison v. I. 8. dé M. 8. By. Go. 4S Mich. 155; M. II. dé O. B. B. Go. v. Mareott 41 Mich. 435; F. dé P. M. By. Go. v. Stark 38 Mich. 714; there is no presumption of negligence against the defendant: it must in all cases be proved, and must appear to have been the efficient and proximate cause of the injury, without contributory fault on the part of the person injured:…
1Opinion of the CourtSherwood, J.
Union-street, in the city of Hillsdale, runs north and south, and has been used over forty years being one of the principal streets of the city. The defendant’s railway track, in passing through the city, crosses this street nearly at right angles, running east and west. The crossing is alleged to be a dangerous one, by reason of the near approach of buildings to the track on each side of the street. On the east side of the street and on the south side of the track, standing partly on defendant’s right of way and within eight feet of the track and running parallel with it, was a wood-shed,…
2Cited by8 opinions
- Guggenheim v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1887
- Lake Shore & Michigan Southern Railway Co. v. McIntoshIndiana Supreme Court · 1894
- Kinyon v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1902
- Wilson v. Chicago, Milwaukee & St. Paul Ry. Co.Supreme Court of Iowa · 1913
- Sheldon v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1886
3 more not listed; retrieve them via the Exa API.