Phinney v. Detroit United Railway Co
232 Mich. 399, 205 N.W. 124 (1925)
Nature of the Case
To access this section all you need to do is click here and register.
Facts
A driver of Detroit United Railway Co.'s (D) train saw Phinney's (P) wife drive toward the railroad track. He assumed that she would stop, and did not apply the brakes until he was 40 feet from the crossing. As a result, P's wife died. The train's driver had a reputation for recklessness, but P was not allowed to introduce this evidence at trial. Since D made a reasonable effort to stop the train, P received no damages from the court. P appealed.
Support@ bsmsphd.com
Casebriefs Co