Pub. Adm'r of State of Mich. v. City of Detroit
| Decision Date | 20 March 1926 |
| Docket Number | No. 107,January Term.,107 |
| Parties | PUBLIC ADMINISTRATOR OF STATE OF MICHIGAN v. CITY OF DETROIT. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Error to Circuit Court, Wayne County; Arthur Webster, Judge.
Action by the Public Administrator of the State of Michigan against the City of Detroit to recover for the death of Hedir Sadik. Judgment for defendant, and plaintiff brings error. Affirmed.
Argued before BIRD, C. J., and SHARPE, SNOW, STEERE, FELLOWS, WIEST, CLARK, and McDONALD, JJ. Francis A. Hilton of Detroit, for appellant.
Charles P. O'Neil and Edmund A. McQuillan, both of Detroit, for appellee.
The forenoon of September 30, 1922, Hedir Sadik was killed by a street car on Gratiot avenue in the city of Detroit. Plaintiff was appointed administrator of his estate and brought this suit to recover damages from the defendant city, owner of the street car system. The trial judge held the deceased guilty of contributory negligence and left to the jury the question of whether his negligence should have been discovered by the operator of the street car in time to have avoided the accident. Upon such issue the jury found in favor of defendant. Plaintiff reviews by writ of error claiming the negligence, if any, of the deceased was, under the evidence, a question of fact for the jury and the court was in error in holding otherwise.
Hedir Sadik was a push cart peddler. About 10 o'clock the morning of September 30, 1922, he pushed his cart east on Gratiot avenue and, at the intersection of Rivard street, wanted to cross to the north side of Gratiot. Gratiot avenue has double street car tracks. Sadik, in crossing the south track, had to hurry on account of an approaching street car from the west and the operator of that car had to apply brakes to avoid striking him. While he was crossing the north track a street car from the east struck him just as he was about to step free of the track. It is claimed the street car was about 200 feet away from him when he started to cross its track and continued to approach at a speed of about 15 miles per hour and this placed him in great peril, from which he could have been saved from injury, had his position been duly observed and the speed of the car lessened.
Sadik would have been struck by the east-bound car if brakes thereon had not been applied and was struck by the west-bound car because its speed was not reduced in time to let him pass. The testimony shows he was running across...
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Davidson v. City of Detroit
...safety. ‘A reasonably prudent man will not take a chance of streetcars slowing up to let him cross a street.’ Public Administrator v. City of Detroit, 234 Mich. 314, 207 N.W. 882. When plaintiff approached the car track and gave the usual signal of her desire to become a passenger, she had ......
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Yackso v. Bokulich, 72
...prudent man will not take a chance of streetcars slowing up to let him cross a street.' Public Administrator of the State of michigan v. City of Detroit, 234 Mich. 314, 207 N.W. 882. 'When plaintiff approached the car track and gave the usual signal of her desire to become a passenger, she ......
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Smith v. Grand Rapids Ry. Co., 170.
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