Phelps v. Chicago & West Michigan Railway Co.

I cannot agree with the opinion written by Justice Long. In addition to the *176statement of facts contained in his opinion, it ought to be said the fish-house is not near the freight depot or platform. The fish-chute was built in two sections. The section nearest the platform of the fish-house was removable, so that a team could be driven between the platform of the fish-house and the permanent portion of the chute. There was a short toe door to reach from the solid portion of the chute to the floor of the car which was to be loaded. It is very clear, from the testimony, there was nothing in the…