Wexel v. Grand Rapids & Indiana Railway Co.

On January 28, 1908, plaintiff’s intestate was struck and fatally injured by a switch engine of defendant while he was walking along its railroad track jn the outskirts of the city of Muskegon, Mich. The trial court directed a verdict for defendant at the conclusion of the proofs, upon the ground that it appeared from the undisputed evidence deceased had unnecessarily and for his own convenience selected a known path of danger, but for which the accident could not have occurred, and while traveling along it took no reasonable precaution for his own safety, which primary negligence caused or…