Dewey v. Detroit, Grand Haven & Milawaukee Railway Co.

This case was originally heard at the April term, 1892, and is reported herewith. A rehearing was granted at the instance of defendant. The trial court, in directing a verdict, was governed by Smith v. Potter, 46 Mich. 258. That case is not only opposed to the clear weight of authority elsewhere, but this Court has refused to follow it in a number of cases since determined. Van Dusen v. Letellier, 78 Mich. 492, 502; Adams v. Iron Cliffs Co., Id. 271, 288; Brown v. Gilchrist, 80 Id. 56, 63, 65; Morton v. Railroad Co., 81 Id. 423; Sadowski v. Car Co., 84 Id. 100, 105; Tangney v. Wilson & Co.,…