Jacob Marion v. Grand Trunk Western Railroad Company

Summary

The Michigan Supreme Court held that a train operator may presume that a person on the tracks will move to safety, but that the presumption ends when it becomes apparent the person will not or cannot move. Because reasonable jurors could find that the operators should have taken braking or other evasive action earlier, summary disposition for defendants was improper. The Court affirmed the Court of Appeals and remanded for further proceedings.