83 Mich. 36 | Mich. | 1890
The plaintiff sued defendant in the circuit court for the county of Washtenaw for personal injuries received in a public street, in the village of Manchester. The questions as to the negligence of the defendant, and the contributory negligence of plaintiff, were submitted
The only error insisted upon in this Court is the submission of the question of the plaintiff’s negligence to the jury. It is contended that the 'court below should have directed a verdict for the defendant upon the plaintiff’s ■own showing.
The plaintiff’s case was substantially as follows: The plaintiff lives upon the north side of Jefferson street, the main traveled street in the village. • The street where the injury happened is wrought perfectly smooth for vehicles from sidewalk to sidewalk. The street is four rods wide. A space of about five feet is used on each side for sidewalks, and grass grows along the sides of the street something like from 10 to 15 feet in width into the street. Among other things the plaintiff is a dealer in wood. On the morning of November 13, 1888, as he was coming out of his lot into the street, he saw a farmer, one William Campbell, drive up in front of the residence of Mrs. Graham, with a load of wood. Mrs. Graham lived across the street from plaintiff, and one lot to the west, the lots being four rods wide. Plaintiff called out to Campbell to know if he could buy the wood. Campbell replied that he had sold it to Mrs. Graham, but went into her house to see if she would let him sell it to plaintiff. When he came out he informed plaintiff that he might have it. Plaintiff then started diagonally across the street in the direction of Campbell, and'Campbell at the same time went in the direction of the plaintiff. They met in the street on the south side, about a foot •or two from the edge of the grass. Plaintiff wanted the wood for Miss Marvin, who lived on the south side of the street. Her place was one lot east of plaintiff’s. As the-parties met Campbell said: “Where will you have this wood?” Plaintiff turned round, raised his arm, and,
Defendant’s counsel contends that, if the defendant
The judgment is affirmed, with costs.