Legal Opinion

Nissly v. Detroit, Jackson & Chicago Railway Co.

Michigan Supreme Court

Decided May 8, 1911No. Docket No. 68PublishedCited by 13 opinions

Error to Washtenaw; Kinne, J. Case by Charles Nissly against the Detroit, Jackson & Chicago Railway Company for the negligent killing of plaintiff’s colt. Judgment for plaintiff. Defendant brings error.

1Opinion of the CourtHooker, J.

Plaintiff recovered a judgment for $100 for the loss o£ his colt, killed by defendant’s electric car. Defendant has appealed.

The car was being run from Ypsilanti to Saline, along and within the limits of the public highway, at a rate of from 80 to 40 miles an hour. The head lamp was lighted. The plaintiff’s residence was upon an eminence of eight feet, from which the road descended in each direction. *678From 200 to 250 feet west of plaintiff’s house, there was an oak tree, which stood between the track and the fence. The plaintiff’s testimony indicates that he left the colt tied in his barn,…

2Cases cited5 opinions

  1. Stafford v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1901
  2. Gilmore v. Federal Street & Pleasant Valley Passenger Railway Co.Supreme Court of Pennsylvania · 1893
  3. Stabenau v. . Atlantic Ave. R.R. Co.New York Court of Appeals · 1898
  4. Wynn v. . Central Park, North and East River Railroad Co.New York Court of Appeals · 1892
  5. Bittner v. Crosstown Street Railway Co.New York Court of Appeals · 1897

3Cited by13 opinions

  1. Eberts v. Mt. Clemens Sugar Co.Michigan Supreme Court · 1914
  2. Ward v. CareyMichigan Supreme Court · 1918
  3. Vought v. Michigan United Traction Co.Michigan Supreme Court · 1916
  4. Fischer v. Michigan Railway Co.Michigan Supreme Court · 1918
  5. Walsh v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1915

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