Legal Opinion · Concurrence

McKernan v. Detroit Citizens' Street-Railway Co.

Michigan Supreme Court

Decided December 22, 1904No. Docket No. 5Published

Error to Wayne; Rohnert, J. Case by John McKernan against the Detroit Citizens’ Street-Railway Company for personal injuries. There was judgment for defendant, and plaintiff brings error.

1ConcurrenceHooker, J.

The plaintiff was injured while riding upon a fire wagon or truck as it emerged from an engine house, being struck by a street car as it was crossing the track. Counsel for the plaintiff were allowed to prove that the defendant had directed its employes to reduce the speed of cars to four' miles an hour when passing schoolhouses and fire-engine stations. This took the form of a printed regulation which was distributed among such employés as had the control or driving of cars.

Two claims might be made for this evidence: (1) That a failure to observe the rule was per se negligence; (2) that it…

2Cases cited6 opinions

  1. Morse v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
  2. Fonda v. St. Paul City Railway Co.Supreme Court of Minnesota · 1898
  3. Lake Shore & Michigan Southern Railway Co. v. WardIllinois Supreme Court · 1891
  4. Georgia Railroad v. WilliamsSupreme Court of Georgia · 1885
  5. Smithson v. Chicago Great Western Railway Co.Supreme Court of Minnesota · 1898

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