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EBEL v. SAGINAW CTY. BD. OF ROAD COMMISSIONERS

No. 16 October Term 1971 Docket No. 52,715.

386 Mich. 598 (1972)

194 N.W.2d 365

EBEL v. SAGINAW COUNTY BOARD OF ROAD COMMISSIONERS

Supreme Court of Michigan.

Decided February 25, 1972.

Attorney(s) appearing for the Case

Heilman, Purcell, Tunison & Cline, for plaintiff on appeal.

Davidson, Chaklos, Jungerheld & Hoffmann, for defendant Board of County Road Commissioners of Saginaw.

Patrick E. Hackett, for defendant Penn Central Railroad Company (formerly New York Central Railroad Company).

Earl C. Opperthauser, for defendant Grand Trunk Western Railroad Company.

T.G. KAVANAGH, J.

This case involves the duty of a railroad to provide adequate warnings at crossings of public highways and railroad tracks.

As stated by the Court of Appeals,* the facts are:

"About 1:30 a.m. on August 18, 1963, plaintiff was a passenger in an automobile driven by his wife. He was injured when that automobile collided with a center-of-the-road pedestal which supported a railroad crossing flasher signal...

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