Legal Opinion

Macomber v. Nichols

Michigan Supreme Court

Decided June 13, 1876PublishedCited by 54 opinions

Error to Calhoun Circuit. cited: 14 Gray, 242; 35 N. H., 257; 7 Barb., 508; 13 Barb., 658; Redf. on Ry’s, 520; 28 Mich., 32; 1 Allen, 190. cited: Congreve v. Smith, 18 N. Y., 79; Conklin v. Thompson, 29 Barb., 218; People v. Cunningham, 1 Den., 524; Bartlett v. Hooksett, 48 N. H., 18; Knight v. Goodyear Co., 38 Conn., 438; Ayer v. Norwich, 39 Conn., 376; Young v. Neto Haven, Ib., 435; Foshay v. Glen Haven, 25 Wis., 288; Morse v. Richmond, 41 Vt., 435; Pa.

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Error to Calhoun Circuit. cited: 14 Gray, 242; 35 N. H., 257; 7 Barb., 508; 13 Barb., 658; Redf. on Ry’s, 520; 28 Mich., 32; 1 Allen, 190. cited: Congreve v. Smith, 18 N. Y., 79; Conklin v. Thompson, 29 Barb., 218; People v. Cunningham, 1 Den., 524; Bartlett v. Hooksett, 48 N. H., 18; Knight v. Goodyear Co., 38 Conn., 438; Ayer v. Norwich, 39 Conn., 376; Young v. Neto Haven, Ib., 435; Foshay v. Glen Haven, 25 Wis., 288; Morse v. Richmond, 41 Vt., 435; Pa. R. R. v. Barnett, 59 Penn. St., 259; Lake v. Milliken, 62 Me., 240; Darling v. Westmoreland, 52 N. H, 401; Mahoney v. R. R. Co., 104 Mass.,…

1Opinion of the Court

Cooley, Oh. J:

This is an action on the case, in which Nichols sought to recover for an injury occasioned by his horse taking fright as he was driving along the public highway near Battle Creek about 9 o’clock in the evening of September 9, 1874. The fright was caused by an engine mounted on wheels, which the defendant was moving along the same highway by means of the steam power by which it was operated. The engine was used mainly for threshing, and was moved from place to place for that purpose. The traveled part of the highway at the place of the accident was about thirty feet in width, and…

2Cases cited4 opinions

  1. Mississippi & Missouri Railroad v. WardSupreme Court of the United States · 1863
  2. Moses v. Pittsburgh, Fort Wayne & Chicago RailroadIllinois Supreme Court · 1859
  3. Spooner v. McConnellU.S. Circuit Court for the District of Ohio · 1838
  4. Jolly v. Terre Haute Drawbridge Co.U.S. Circuit Court for the District of Indiana · 1853

3Cited by54 opinions

  1. Parsons v. Crown Disposal Co.California Supreme Court · 1997
  2. Fielder v. DavisonSupreme Court of Georgia · 1913
  3. State Ex. Rel. York v. B. of C. Com'rsWashington Supreme Court · 1947
  4. O'Dowd v. NewnhamCourt of Appeals of Georgia · 1913
  5. Detroit City Railway v. MillsMichigan Supreme Court · 1891

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