192 Mich. 194 | Mich. | 1916
Plaintiff and her husband were residents of Oxford. On Sunday morning, July 27, 1915, they left Oxford as guests of George Brokenshaw and his wife, for an automobile ride to Detroit and Belle Isle Park. Mr. Brokenshaw drove the machine. They entered the city from the north, and proceeded down Woodward avenue, intending to leave it and turn east on Piquette avenue. When they reached Piquette avenue, the driver made observations, but saw nothing he thought would interfere, and so proceeded to cross defendant’s double tracks. Before clearing the east track, the rear part of his automobile was struck with great force by a north-bound car, forcing it up against the east Woodward avenue curb, thereby throwing plaintiff out.and injuring her. The negligence of which the plaintiff complains was excessive speed and reckless operation of the car. The questions raised by defendant relate to its negligence and the contributory negligence of the plaintiff.
1. The negligence of the defendant. Defendant in
2. Plaintiff’s contributory negligence. The situation that the driver was in when at the point of turning onto Piquette avenue appears to be that he was on the west side of Woodward avenue, headed south; that he was about to cross defendant’s double tracks. He looked in both directions, but saw no car, save a southbound car, which had passed him a few moments before. A north-bound car was approaching, but was obscured from view by the south-bound car. While he was proceeding at the rate of from 8 to 10 miles an hour across the west track, he observed the northbound car about 75 feet distant. He kept going as he thought he could clear it. After looking north and east, he glanced to the south again just as the automo
The judgment is affirmed, with costs to the plaintiff.