People v. Little

• Decision Date: 15 May 1891
• Court: Michigan Supreme Court
• Parties: PEOPLE v. LITTLE.

48 N.W. 693

86 Mich. 125

PEOPLE v. LITTLE.

Supreme Court of Michigan

May 15, 1891

Certiorari to recorder's court of Detroit.

James H. McMillan, for appellant.

Charles Casgrain, City Atty., and Charles McDonald, Asst. City Atty., for the People.

CHAMPLIN C.J.

The charter of the city of Detroit confers upon the common council of the city authority "to prohibit and prevent racing or fast and dangerous driving or riding" within the city limits. Acting in pursuance of this authority, the common council, on July 1, 1890, duly enacted and published the following ordinance: "No person shall ride or drive any horse, carriage, sleigh, or other vehicle through any street or avenue in this city at a faster rate than six miles per hour. Such person shall slacken the speed of said horse over any crossing, cross-walk, or intersecting streets of said city when any person or persons are upon the same whenever requested to do so by the police officer who may be in charge of said street, crossing, or cross-walk: provided that this section shall not apply to the driving of cutters and sleighs in a southerly direction through Cass avenue north of Ledyard street, between the hours of two and five in the afternoon of any day except Sunday." Another section of the same ordinance provided that any person who violated its provisions should be punished by a fine not exceeding $100 and costs of prosecution, and the offender might be imprisoned in the Detroit house of correction until the payment thereof, provided such imprisonment should not exceed six months. The common council, in 1890, also duly enacted another ordinance, section 2 of which reads as follows: "Every ambulance or other vehicle used for the transportation of sick and wounded persons and animals shall be entitled to the right of way over all other vehicles upon every public street, highway, and place. No person shall willfully interfere with or retard or obstruct or impede the progress of any such ambulance or vehicle thereon, or shall willfully injure the same, or willfully drive any vehicle in collision therewith." On December 6, 1890, at about 3 o'clock in the afternoon, Henry Little drove a horse attached to the Grace Hospital ambulance up Woodward avenue, one of the main thoroughfares in the city of Detroit, at a speed of 12 miles an hour. In doing so the ambulance collided with a vehicle, throwing the driver out and injuring him. He was complained of in the recorder's court for a violation of the ordinance prohibiting driving at a greater rate of speed than six miles an hour, and was convicted and fined. The case is brought to this court by certiorari, and the questions raised by the record are: (1) Is it a reasonable construction of the...