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Osborn v. Detroit, Grand Haven & Milwaukee Railway Co.

Osborn v. Detroit, Grand Haven & Milwaukee Ry. Co., 72 N.W. 1114 (Mich. 1897)
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Court
Michigan Supreme Court · State Highest Courts
Decided
November 23, 1897
Judges
Hooker, Other
Citations
72 N.W. 1114115 Mich. 1021897 Mich. LEXIS 1196
Disposition
Affirmed.
Headnotes
Railroads — Accident at Crossing — Obstructions to View— Contributor"? Negligence. A driver who, because of the sun, is unable to see whether a. train is coining, is bound to stop and listen before attempting to cross a railroad track.
Summary
Error to Ionia; Davis, J. Case by Lucy L. Osborn against the Detroit, Grand Haven & Milwaukee Railway Company for personal injuries. From a judgment for defendant on verdict directed by the court, plaintiff brings error.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Hooker

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Hooker, J.

The plaintiff was injured upon a highway crossing of defendant’s railroad. The uncontradicted testimony shows that, for a distance of 50 feet back from the railroad, the train was plainly visible, yet it was not seen, according to the plaintiff’s testimony, until the horse was upon the crossing, and the engine within 20 feet. ■ The only excuse for not seeing it is that looking in that direction would be looking towards the sun. Where a train cannot be seen, by reason of obstructions, it is the duty of the drivers to stop and listen before attempting to cross a railroad. It is very improbable that a train of cars could have approached within 20 feet, without being seen or heard, if the plaintiff and her companion had been usually attentive, when others near by saw and heard it for over a mile; but if, as the plaintiff says, she looked *103 down the road, but could not see whether the train was coming or not by reason of the sun, they should have taken other measures to know that they might safely attempt to cross. The case is within the principle of Richfield v. Railroad Co., 110 Mich. 406 .

The judgment is affirmed.

The other Justices concurred.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1899: 11904: 11923: 118992026peak 1899 · 1

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Richfield v. Mich. Cent. R.R., 68 N.W. 218 (Mich. 1896) 4

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