McParlan v. Grand Trunk Western Railroad

Plaintiff had verdict and judgment for personal injuries. As plaintiff is a minor, to whom the contributory negligence of her driver cannot be imputed, the principal question is whether defendant was guilty of negligence.

About 1 o’clock in the morning of February 19, 1934, Joseph Loseth drove his automobile into a freight train crossing Lake Shore Drive in the city of Muskegon and plaintiff, 18 years of age, his passenger, was injured.

The railway had been little used for many years until about six months before the accident, when traffic became heavy, especially at night, because defendant…