Miller, Admr. v. Suburban Power Co.

The first question that naturally presents itself to this court is: Is this such a case as involves a question of contributory negligence, and, if so, is that the decisive question of this suit? If such be true, this court would quickly accede to the claim of the plaintiff in error that the trial court had erred in not submitting the issues to the jury. In order that this question may be correctly ánswered, it must necessarily be considered whether the defendant was in any way negligent, or whether it was derelict in any duty owing by it to the boy.

The facts show that the line was built to…