Marcott v. Marquette, Houghton & Ontonagon Railroad

Plaintiff in error sued defendants for the death of his child, a little boy of two and a half years old, who was killed by an irregular train consisting of a locomotive and a single ear of invited guests on an excursion from Marquette down the line. The train had just passed by Champion station, and the boy was killed at a point 1800 feet west of it, between 10 and 11 o’clock of the morning of September 20, 18'll

It appears that the child and a brother not more than two years older were walking on the track westward, and nearly .opposite plaintiff’s house, when the older boy was in some manner…