Doak v. Township of Saginaw
Michigan Supreme Court
Error to Saginaw; Snow, J. Case by Margaret H. Doak against the township of Saginaw for personal injuries. From a judgment for plaintiff, defendant brings error. On July 30, 1897, plaintiff, with a young child, and her eldest son as driver, drove out of the city of Saginaw into the country. On approaching Merrill bridge across the Tittabawassee river, a team was coming across on the bridge.
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Error to Saginaw; Snow, J. Case by Margaret H. Doak against the township of Saginaw for personal injuries. From a judgment for plaintiff, defendant brings error. On July 30, 1897, plaintiff, with a young child, and her eldest son as driver, drove out of the city of Saginaw into the country. On approaching Merrill bridge across the Tittabawassee river, a team was coming across on the bridge. Plaintiff’s son drove to one side, and stopped about 14 feet from the bridge for this team to pass. He preferred to do this, rather than meet the team upon the bridge. The approach to the bridge was across…
1Opinion of the CourtGrant, C. J.
(after stating the facts). The proximate cause of the accident was the fright of the horse. The testimony on this point is as follows: The driver testified :
“ I know he got frightened at something, but cannot tell what. There was the rattling of the leaves on the trees; the rubbing against the bridge; the bridge rattled; and the noise of the water, — some kind of bubbling noise; the wind blowing. I don’t know which.”
The roadbed was wide enough for the teams, to pass without difficulty. The defendant was not responsible for the fright of the horse. Plaintiff relies on Ross v. Township of…
2Cases cited9 opinions
- Beall v. Township of AthensMichigan Supreme Court · 1890
- Ross v. Township of IoniaMichigan Supreme Court · 1895
- Smith v. Township of SherwoodMichigan Supreme Court · 1886
- Bleil v. Detroit Street Railway Co.Michigan Supreme Court · 1893
- Agnew v. City of CorunnaMichigan Supreme Court · 1885
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- La Londe v. PeakeSupreme Court of Minnesota · 1901
- Bell v. Village of WayneMichigan Supreme Court · 1900
- Boos v. Township of NorthfieldMichigan Supreme Court · 1915
- Cavanaugh v. Michigan Central RailroadMichigan Supreme Court · 1913
- Irwin v. Township of ByronMichigan Supreme Court · 1914
2 more not listed; retrieve them via the Exa API.