Haszczyn v. Detroit Creamery Co.

"Wiest, J.

(dissenting). I am of the opinion that the judgment should be reversed, with costs and without a new trial.

The statute is a safety measure and one who violates its provisions and is injured thereby, even under attempted and unsuccessful stoppage of traffic, is guilty of contributory negligence as a matter of law. It was not only a violation of the statute but, in and of itself, a negligent act to fasten tbe rope across the street in the manner shown. Defendant may have been guilty of negligence but I am satisfied that plaintiff, who directed the placing of the rope and then went up…