Detroit & Ironton Rd. Co. v. Vogeley

Minnie Vogeley instituted this action against the Detroit and Ironton Rd. Co. in the Fulton Common Pleas, for the purpose of recovering for damages sustained by her machine. It seems that she was passing one of the company’s crossings and there happened to be a plank missing, so that a deep hole between the tracks was the result. The front wheels of the machine dropped into. the excavation, tnd the engine hit the nearer rail, and was considerably damaged. The company, however, did not cross-examine Vogeley, nor was evidence offered after she rested her case. Judgment in the lower court was in…