People v. Detroit, Grand Haven & Milwaukee Railway Co.

The people bring their suit under Act No. 165, Laws of 1889, to recover a penalty for the failure *472of the defendant to provide an open, unobstructed residence crossing, suitably guarded, in front of the residence buildings of one Henry Fall, in the township of Bloomfield, Oakland county. Judgment was rendered against the defendant for $140, and it appeals.

The following facts were stipulated, and constitute all the evidence that was introduced upon the trial, viz.:

“1. That the defendant is a corporation, and owns and operates a railroad between the city of Detroit and the city of Grand Haven,…