Gilbert v. Flint & Pere Marquette Railway Co.
Michigan Supreme Court
Error to Genesee. (Newton, J.) Case. Defendant brings error. "Where a train was left on the highway, with scarcely room for a vehicle to pass, and a team became frightened thereby, the railway company was held liable: Ogle v. Phila., Wil. <& Balt. JR. JR. 3 Houst. 267; Great Western JR. JR. Go. v. JDeoatwr 33 Ill. 381.
1Opinion of the CourtGraves, C. J.
The defendant has a main and side track which cross a common highway near the station building at the village of Grand Blanc. The traveled portion of the way at the place of crossing is planked to the width of about thirty-two feet. In the course of its business.the company left an ordinary box freight car standing on the side track, and within the legal limits of the highway. It occupied about one-half of the traveled part, leaving ample room for the easy passage of teams. The plaintiff, in going to Mr. Stone’s to dinner, rode in a buggy with Mr. Lyman past this car without any…
2Cases cited1 opinion
- Macomber v. NicholsMichigan Supreme Court · 1876
3Cited by15 opinions
- Ohio & Mississippi Railway Co. v. TrowbridgeIndiana Supreme Court · 1890
- Cleveland, Columbus, Cincinnati & Indianapolis Railway Co. v. WynantIndiana Supreme Court · 1888
- Wabash, St. Louis & Pacific Railway Co. v. FarverIndiana Supreme Court · 1887
- Smith v. Township of SherwoodMichigan Supreme Court · 1886
- Young v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1885
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