Stoll v. Laubengayer
Michigan Supreme Court
Error to Washtenaw; Kinne, J. Case by George A. Stoll, administrator of the estate of Stella Barbara Stoll, deceased, against Herman Laubengayer for the negligent killing of decedent. Judgment for plaintiff. Defendant brings error. In the city of Ann Arbor, Lincoln street runs east and west. At its westerly terminus it intersects with Main street. From Main street running easterly there is a considerable downward grade.
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Error to Washtenaw; Kinne, J. Case by George A. Stoll, administrator of the estate of Stella Barbara Stoll, deceased, against Herman Laubengayer for the negligent killing of decedent. Judgment for plaintiff. Defendant brings error. In the city of Ann Arbor, Lincoln street runs east and west. At its westerly terminus it intersects with Main street. From Main street running easterly there is a considerable downward grade. The traveled portion of Lincoln street is slightly "crowned,” and no sidewalk has ever been built along the northerly side thereof. In the place where the sidewalk would be,…
1Opinion of the CourtBrooke, J.
(after stating the facts). The single meritorious question raised upon this record is whether, assuming defendant to have been negligent in standing his team over the path, as claimed by plaintiff, that act can be considered as the proximate cause of the injury suffered by plaintiff’s intestate. If it can be so considered, the jury by their verdict have determined the relation of tiie act to the injury against the contention of the defendant.
Much learning has been displayed in attempting to accurately define the words “proximate cause.” No general or authoritative definition has been evolved;…
2Cases cited8 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Hargreaves v. DeaconMichigan Supreme Court · 1872
- Lewis v. Flint & Pere Marquette Ry Co.Michigan Supreme Court · 1884
- Iamurri v. Saginaw City Gas Co.Michigan Supreme Court · 1907
- Beall v. Township of AthensMichigan Supreme Court · 1890
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3Cited by37 opinions
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- Paige v. City of Sterling HeightsMichigan Supreme Court · 2006
- Hagerman v. Gencorp AutomotiveMichigan Supreme Court · 1998
- Camp v. WilsonMichigan Supreme Court · 1932
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