Home/Michigan Supreme Court/Simmons v. Petersen

Simmons v. Petersen

174 N.W. 536, 207 Mich. 508, 1919 Mich. LEXIS 435
CourtMichigan Supreme Court
DecidedNovember 5, 1919
DocketDocket No. 39
StatusPublished
Cited by1 cases

This text of 174 N.W. 536 (Simmons v. Petersen) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Simmons v. Petersen, 174 N.W. 536, 207 Mich. 508, 1919 Mich. LEXIS 435 (Mich. 1919).

Opinion

Stone, J.

This case was brought here by the defendant to review a judgment for the plaintiff obtained in the circuit court for the county of Montcalm. This suit was begun on October 6, 1917. The declaration alleged that on September 6, 1917, the defendant was the owner of a Dodge touring automobile, which, at the time of the injury complained of, was being driven and operated by one Ralph Petersen, a son of defendant, who was at the time driving the same with the express knowledge and consent of the defendant; that on the evening of said day, while in the exercise of due care and caution, the plaintiff was lawfully proceeding with a team of horses and buggy up Williams street, a public street in the city of Green-ville, and had reached a point directly past the center of Lafayette street, a public street in said city, which the said Williams street intersected at right angles; that the plaintiff was, at the time of the injury complained of, turning his horses at said intersection of said streets, for the purpose of proceeding northward on Lafayette street; that the plaintiff was, at the time of the injury, at the extreme right of Williams street and his buggy was located directly south of the center of said Lafayette street at the intersection of said streets, and the horses on said buggy were facing, or had started to face in a northerly direction upon Lafayette street, upon the intersection, when the said automobile of said defendant was so carelessly managed and driven that it ran upon and crashed into said buggy of the plaintiff, throwing him to the [510]*510ground, and causing him great injury, pain, and suffering, and greatly damaging said buggy; that there was at the time of said injury six to eight feet or upwards between the rear of said buggy and the westerly curb of Lafayette street, and sufficient room between the said curb and buggy for said automobile to have been driven safely between said rear end of said buggy and the said westerly curb of Lafayette street, had any degree of care been used in the operation of the same.

It is alleged that the negligence complained of consisted in said automobile striking the plaintiff’s buggy; in running said automobile at an excessive and unlawful rate of speed, and in failing to sound a warning as said Ralph Petersen was approaching said intersection; and failing to go through the space between the rear end of plaintiff’s buggy and the westerly curb of Lafayette street; in failing to slow down and come to a stop before striking said plaintiff’s buggy; and in failing to take heed or notice that plaintiff’s buggy was in the process of crossing, and making the turn to proceed in a northerly direction up Lafayette street. The plaintiff’s bodily injuries consisted of a broken right hip, and shock to his nervous system by being thrown to the pavement, mental and physical suffering, and claimed permanent injury to said limb. A map of the place where the collision occurred, and of the vicinity, found on page 14 of the record, is appended here for convenience of reference. Some points testified to, and not in dispute, are as follows:

The pavement on Williams street only extends a short distance west of Lafayette street; Lafayette street is 40 feet wide from curb to curb; at Williams street the pavement begins to narrow, and north of there it is 36 feet wide. The house of Dr. Savage is 40 feet from the north curb of Williams street. A person on the curb on Williams street, directly south [512]*512of the southeast corner of the Dr. Savage house, can see up Lafayette street to the railroad track. Charles street is 26 rods and 4 feet north of the north curb of Williams street.

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Related

Boll v. Gruesxer
176 N.W. 517 (South Dakota Supreme Court, 1920)

Cite This Page — Counsel Stack

Bluebook (online)
174 N.W. 536, 207 Mich. 508, 1919 Mich. LEXIS 435, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simmons-v-petersen-mich-1919.