Legal Opinion

Nelson v. Crawford

Michigan Supreme Court

Decided December 21, 1899PublishedCited by 29 opinions

Error to Cass; Smith, J. Case by Sarah Nelson against Robert Crawford for personal injuries. From a judgment for defendant on verdict directed by the court, plaintiff brings error. Plaintiff and her husband reside on a farm about 40 rods from the residence of defendant. One evening defendant, dressed in woman’s clothes, navy-blue bicycle skirt, light waist, sailor hat with flowers on it, and a thin, black face-veil, took a parasol, and went to her house.

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Error to Cass; Smith, J. Case by Sarah Nelson against Robert Crawford for personal injuries. From a judgment for defendant on verdict directed by the court, plaintiff brings error. Plaintiff and her husband reside on a farm about 40 rods from the residence of defendant. One evening defendant, dressed in woman’s clothes, navy-blue bicycle skirt, light waist, sailor hat with flowers on it, and a thin, black face-veil, took a parasol, and went to her house. He had been a frequent visitor there, and was accustomed to play with her children. Although for many years he had been adjudged insane or…

1Opinion of the CourtGrant, C. J.

(after stating the facts). We think the court properly held that no violence was offered or threatened, and therefore there was no assault. The second question is new in this State. The decisions are not harmonious, and cannot • well be reconciled. The court, in directing the verdict, quoted the following language from the late case of Mitchell v. Railway Co., 151 N. Y. 110 (34 L. R. A. 783, 56 Am. St. Rep. 605):

*468“ If the right of recovery in this class of cases should be once established, it would naturally result in a flood of litigation in cases where the injury complained of may be easily…

2Cases cited12 opinions

  1. Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
  2. Spade v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1897
  3. Hill v. KimballTexas Supreme Court · 1890
  4. Larson v. ChaseSupreme Court of Minnesota · 1891
  5. Braun v. CravenIllinois Supreme Court · 1898

7 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Daley v. LaCroixMichigan Supreme Court · 1970
  2. Green v. T. A. Shoemaker & Co.Court of Appeals of Maryland · 1909
  3. First National Bank v. LangleyMississippi Supreme Court · 1975
  4. Schroetke v. Jackson-Church Co.Michigan Supreme Court · 1916
  5. Frishett v. State Farm Mutual Automobile InsuranceMichigan Court of Appeals · 1966

24 more not listed; retrieve them via the Exa API.

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