Culver v. South Haven & Eastern Railroad

This case has been previously before this 'Court, and is reported in 138 Mich. 443. Counsel for defendant then contended:

“ (1) The verdict was against the overwhelming weight of the evidence.

“ (2) That Culver was not in the exercise of ordinary care, being guilty of contributory negligence.

“ (3) That the defendant did not receive a fair trial, owing to misconduct.

“ (4) That the learned trial court erred in ruling upon evidence.

“ (5) That the learned trial court erred in charging the jury.”

*256In disposing of the case this court said:

“ 1 and 2 may be considered together. Was the verdict…