Spenclay v. Grand Trunk Western Railway Co.

On December 5,1930, at 7:30 o ’clock in the evening, Perry Johnston was driving his automobile south on Oak street in the village of Durand, carrying as passengers, John Spenclay, Lee Johnston and Francis Burke. The automobile was struck by defendant’s switch train, resulting in injuries to the four mentioned occupants of the car. Separate suits were instituted against defendant, it being stipulated that the verdict in the action brought by John Spenclay should control in the suits of the other plaintiffs. Likewise, the cases have been consolidated on appeal to this court.

Decision on…