MARTIN v. ANN ARBOR RAILROAD CO.

Docket Nos. 24593, 24656.

76 Mich. App. 41 (1977)

255 N.W.2d 763

MARTIN v. ANN ARBOR RAILROAD COMPANY

Michigan Court of Appeals.

Decided June 6, 1977.


Attorney(s) appearing for the Case

Hooper, Hathaway, Fichera, Price & Davis (by Bruce T. Wallace and Peter A. Davis), (Goodman, Eden, Millender, Goodman & Bedrosian, by George J. Bedrosian and Paul A. Rosen, of counsel), for plaintiff.

Abel J. Selburn, for defendant Ann Arbor Railroad.

Martin, Bohall, Joselyn, Halsey, Rowe & Jamieson, for defendant Washtenaw County Board of Road Commissioners.

Before: DANHOF, C.J., and T.M. BURNS and J.E. McDONALD, JJ.


T.M. BURNS, J.

Around 8:30 p.m. on January 27, 1972, James Martin was driving his car westbound on Willis Road in Washtenaw County. His daughter Kristen was a passenger.

Willis Road, which is under the jurisdiction of the Washtenaw County Road Commission, is a two-lane paved road. It was snow-covered on the night in question. West of its intersection with Platt Road, Willis Road is crossed by a north-south track owned by the Ann Arbor Railroad.

The...

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