Shufelt v. Flint & Pere Marquette Railroad

I concur witb my Brother Montgomery that there was no negligence in the rate of speed of the defendant’s train, or in the piling of the wood along its track. I think the circuit judge was correct in directing a verdict for the defendant.

1. The plaintiff’s wife was herself guilty' of contributory *328negligence. The road was dry and hard. She had two horses, and a lumber wagon with a box, and a spring seat fixed upon the box. She did not stop her team to listen. She had been for a long time familiar with the crossing, and had frequently driven over it. When upon the little rise of ground from 90…