Kaiser v. Detroit & Northwestern Railway

The declaration averred that the defendant railway tore up and excavated the highway known as “ Grand River Avenue,” making a ditch or hole in the traveled way, and left the same unprotected, and that plaintiff, while riding with one Conroy, was thrown upon the track of defendant’s railway because of the wheel of the vehicle dropping into the ditch.

The evidence tended to show that the defendant’s track occupied a portion of a 16-foot traveled way, and that the space occupied by the track had been cut down 16 or 18 inches; that, in the evening, plaintiff was driving with Conroy, and the wheel…