MICHIGAN NORTHERN RAILWAY COMPANY v. AUTO-OWNERS INSURANCE COMPANY

Docket No. 91147.

176 Mich. App. 706 (1989)

440 N.W.2d 108

MICHIGAN NORTHERN RAILWAY COMPANY v. AUTO-OWNERS INSURANCE COMPANY

Michigan Court of Appeals.

Decided May 1, 1989.


Attorney(s) appearing for the Case

Foster, Meadows & Ballard, P.C. (by Richard A. Dietz), for plaintiffs.

Barney, Hofmann & Gano (by Charles H. Gano), for defendants.

Before: MICHAEL J. KELLY, P.J., and DOCTOROFF and J.T. CORDEN, JJ.


J.T. CORDEN, J.

Defendants appeal by leave granted from an order granting partial summary disposition to plaintiffs. The trial court held that there was no genuine issue of material fact with regard to liability under the no-fault act.

On November 24, 1982, a train owned by Michigan Northern Railway Company traveled north from Cadillac to Petoskey. The train passed over the Leetsville Road crossing, in Kalkaska County, at approximately 9:30 A.M. without problem...

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