NEGLIGENCE - PROXIMATE CAUSE -TRAIN OBSTRUCTING HIGHWAY - FAILURE TO WARN OF OBSTRUCTION - ICE ON HIGHWAY

Authors

Michigan Law Review, University of Michigan Law School

Abstract

Deceased, for whose death an administratrix sued defendant railroad, was a guest in a car which collided with a standing freight car at a highway crossing. The train was unlighted; the crossing unguarded; the visibility poor (as the accident occurred at about nine-thirty in the evening, during a snow storm). The hostdriver did not see the train until he was rather close to it; but he testified that, had it not been for ice concealed under the snow on the road, he could have stopped, after he saw the car on the crossing in time to have avoided a collision. Plaintiff complains also that defendant had blocked the highway for an unreasonable time. Held, one judge dissenting, that the ice was the sole proximate cause of the death. Megan v. Stevens, (C. C. A. 8th, 1937) 91 F. (2d) 419.

Recommended Citation

Michigan Law Review, NEGLIGENCE - PROXIMATE CAUSE -TRAIN OBSTRUCTING HIGHWAY - FAILURE TO WARN OF OBSTRUCTION - ICE ON HIGHWAY, 36 Mich. L. Rev. 860 (1938).
Available at: https://repository.law.umich.edu/mlr/vol36/iss5/19