Hurst v. Detroit City Ry.

CourtSupreme Court of Michigan
Writing for the CourtLONG
Citation84 Mich. 539,48 N.W. 44
Decision Date06 February 1891
PartiesHURST v. DETROIT CITY RY.

84 Mich. 539
48 N.W. 44

HURST
v.
DETROIT CITY RY.

Supreme Court of Michigan.

Feb. 6, 1891.


Error to circuit court, Wayne county; HENRY N. BREVOORT, Judge.

[48 N.W. 44]

D. Augustus Straker and John Miner, for appellant. Brennan & Donnelly and Sidney T. Miller, for appellee.

[48 N.W. 45]


LONG, J.

This cause was tried before a jury in the Wayne circuit court, where the defendant had verdict in its favor under direction of the court. Judgment being entered upon the verdict, plaintiff brings the case to this court by writ of error.

The declaration alleges substantially that the defendant is a corporation organized and existing under the laws of this state. That on the ----- day of August, 1889, it was engaged in the carrying of passengers, for hire, in cars drawn by horses, through and along Brush street in the city of Detroit. That Brush street was and is densely populated, whereby it became the duty of the defendant, by its servants and employes, to use due care and precaution in managing and driving said cars and horses attached thereto, and in such manner as not to endanger the safety of persons crossing Brush street, within the space mentioned in the declaration; but that the defendant, disregarding its duty in that behalf, on the ----- day of August, 1889, a certain car, to-wit, car No. 100, then and there in the charge and custody of the servants and employes of said defendant, and then and there engaged in the service and business of said defendant, did so recklessly, negligently, and unlawfully operate while passing the space aforesaid on Brush street, that plaintiff's intestate, the said Lorenzo Hurst, who was then and there an infant of the age of 1 year and 11 months, and who was then and there in the exercise of such due and reasonable care as was compatible with his age, in the act of crossing said road-way of said Brush street, by the said car and horses attached thereto was knocked down, trampled upon, and by the wheels and other portions of said car crushed and mortally injured, from which said injuries, as aforesaid negligently, recklessly, and unlawfully by the said servants and employes of said defendant inflicted upon said Lorenzo Hurst, he, the said Lorenzo Hurst, did die. By reason of which negligence of said defendant and injury to and death of said Lorenzo Hurst an action hath accrued to the said plaintiff as the representative of the next of kin of said Lorenzo Hurst, and in which he claims damages from the said defendant in the sum of $10,000. After the trial of the cause had commenced, the plaintiff asked leave of and was permitted by the court to amend his declaration by inserting the following: “From which said injuries, as aforesaid negligently, recklessly, and unlawfully by the said servants and employes of said defendant inflicted upon the said Lorenzo Hurst, he, the said Lorenzo Hurst, did languish in great pain and agony and suffering for the space of two hours thereafter, and, so languishing, did live, until afterwards, to-wit, on the day and year aforesaid, he, the said Lorenzo Hurst, by reason of the said injuries so as aforesaid by the negligence of the said defendant received, did die.” Counsel for the plaintiff, in asking leave to file the amendment to the declaration, stated that the only cause of action sued for was the negligent killing of intestate, and he did not intend by the proposed amendment to change the cause of action from the one set up in the declaration, and in opening the case to the jury stated that he sought to recover in the suit under section 8314, How. St.

The plaintiff gave evidence on the trial tending to show that about mid-day of the 21st of August, 1889, plaintiff's intestate, a male child of 23 months of age, and just beginning to walk, was engaged with 15 or 20 other children in some childish amusement upon Brush street, in Detroit. The neighborhood is a populous one, in which many children reside. The width of the street between curbs at this point is 28 feet. Through the center of this space runs the track of the defendant corporation, upon which it operates a line of cars, drawn by horses, for the carriage of passengers for hire. One of the cars of defendant came along at rapid speed. The car thus progressed a distance of 125 feet before reaching the intestate, while the driver kept his face turned aside from in front of the car. Plaintiff's intestate was knocked down and driven over while he was in the act of crossing the track. Both the front and rear wheels passed over his body, crushing and wounding him so that he died in less than an hour afterwards. The driver did not attempt to check the speed of the car until after the injury had occurred. The father and mother of the intestate are both living. The father is 54 years of age; an invalid, poor, and unable to render any assistance in supporting the family. The mother worked at washing and ironing, at which she supported herself and family, including the husband, (plaintiff in error.) The family consisted of the...

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22 practice notes
  • Breckon v. Franklin Fuel Co., No. 3
    • United States
    • Supreme Court of Michigan
    • March 12, 1970
    ...as separate and distinct and not susceptible of combination[383 Mich. 284] in one declaration. Hurst v. Detroit City Railway Co. (1891), 84 Mich. 539, 48 N.W. In Carbary v. Detroit United Railway (1909), 157 Mich. 683, 122 N.W. 367, it was held that in an action for the negligent killing of......
  • Currie v. Fiting, No. 76
    • United States
    • Supreme Court of Michigan
    • April 1, 1964
    ...supra at 149-151 of 225 Mich., 195 N.W. 691. There, having quoted the general rule from [375 Mich. 483] Hurst v. Detroit City Railway Co., 84 Mich. 539, 48 N.W. 44, the Court proceeded (p. 151, 195 N.W. p. 'But in Black v. Michigan Central Railroad Co., 146 Mich. 568, 109 N.W. 1052, the rec......
  • Courtney v. Apple, No. 49
    • United States
    • Supreme Court of Michigan
    • October 1, 1955
    ...Electric Railway, 128 Mich. 149, 155, 87 N.W. 68, 70, the Court cited the prior decision in Hurst v. Detroit Page 84 City Railway Co., 84 Mich. 539, 545, 48 N.W. 44, relating to the measure of damages for the death of a minor, and said, in 'The law requires in this class of cases that the a......
  • Armentrout v. Hughes, No. 521
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • January 31, 1958
    ...apparently in Canada, 17 C.J., Death, p. 1322, Note 57, and in the following States of the United States: Hurst v. Detroit City Ry. Co., 84 Mich. 539, 48 N.W. 44; Van Brunt v. Cincinnati, J. & M. R. Co., 78 Mich. 530, 44 N.W. 321; Cooper v. Lake Shore, etc., R. Co., 66 Mich. 261, 33 N.W. 30......
  • Request a trial to view additional results
22 cases
  • Breckon v. Franklin Fuel Co., No. 3
    • United States
    • Supreme Court of Michigan
    • March 12, 1970
    ...as separate and distinct and not susceptible of combination[383 Mich. 284] in one declaration. Hurst v. Detroit City Railway Co. (1891), 84 Mich. 539, 48 N.W. In Carbary v. Detroit United Railway (1909), 157 Mich. 683, 122 N.W. 367, it was held that in an action for the negligent killing of......
  • Currie v. Fiting, No. 76
    • United States
    • Supreme Court of Michigan
    • April 1, 1964
    ...supra at 149-151 of 225 Mich., 195 N.W. 691. There, having quoted the general rule from [375 Mich. 483] Hurst v. Detroit City Railway Co., 84 Mich. 539, 48 N.W. 44, the Court proceeded (p. 151, 195 N.W. p. 'But in Black v. Michigan Central Railroad Co., 146 Mich. 568, 109 N.W. 1052, the rec......
  • Courtney v. Apple, No. 49
    • United States
    • Supreme Court of Michigan
    • October 1, 1955
    ...Electric Railway, 128 Mich. 149, 155, 87 N.W. 68, 70, the Court cited the prior decision in Hurst v. Detroit Page 84 City Railway Co., 84 Mich. 539, 545, 48 N.W. 44, relating to the measure of damages for the death of a minor, and said, in 'The law requires in this class of cases that the a......
  • Armentrout v. Hughes, No. 521
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • January 31, 1958
    ...apparently in Canada, 17 C.J., Death, p. 1322, Note 57, and in the following States of the United States: Hurst v. Detroit City Ry. Co., 84 Mich. 539, 48 N.W. 44; Van Brunt v. Cincinnati, J. & M. R. Co., 78 Mich. 530, 44 N.W. 321; Cooper v. Lake Shore, etc., R. Co., 66 Mich. 261, 33 N.W. 30......
  • Request a trial to view additional results

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