Rockwell v. Grand Trunk Western Railway Co.

More than a year after our former decision in this case (253 Mich. 144) plaintiff filed an amended declaration. Subsequently defendant's answer to the amended declaration was filed including notice of special defenses. Under such notice defendant brought into the case for the first time the defense that it was a carrier engaged in interstate commerce and subject to the interstate commerce act. Notwithstanding this change in the pleadings, the trial judge held as a matter of law, as in the earlier trial, that Lewis, the operator of the crane, was the employee of the defendant railway company,…