[Download] "Rosemary Kovacs v. Chesapeake and Ohio" by Court of Appeals of Michigan " Book PDF Kindle ePub Free
eBook details
- Title: Rosemary Kovacs v. Chesapeake and Ohio
- Author : Court of Appeals of Michigan
- Release Date : January 14, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
Defendant appeals as of right from a jury verdict of $1.5 million in favor of plaintiff, reduced by one-third for the comparative negligence of plaintiff's decedent. We affirm. Facts On September 30, 1976, plaintiff's decedent was struck and killed by one of defendant's trains as he sat in a rented dump truck straddling defendant's railroad tracks. The decedent, 49-year-old Charles L. Kovacs, and John Hibbard, an employee of Copeland Construction Company, were repairing or deepening a ditch into which water drained from Kovacs's property. The ditch ran alongside defendant's railroad tracks. The accident occurred about a mile and a half west of Fowlerville, Michigan, on a country road known as Potts Road. Immediately prior to impact, the train was traveling at a speed of 46 miles per hour and visibility was severely limited because of dense fog.