Morton v. Detroit, Bay City & Alpena Railroad

This action was brought by plaintiff, as administrator, to recover damages for the death of Thomas Harvey Morton, a former employé of the defendant. The plaintiff's intestate was on March 12, 1888, and for some time previous thereto had been, employed as a brakeman on one of the logging trains of defendant, running on a branch of its road, engaged principally in the carrying of long timber. On that day he was thrown, in some manner, from the train on which he was working, run over, and killed.

The plaintiff's case, as set up in the declaration, was that the intestate, while so employed upon…