Yackee v. Village of Napoleon

The plaintiff brought this action for wrongful death on behalf of herself and her minor child against both the village of Napoleon and the railroad company, charging that both maintained the street in question in a dangerous condition, amounting to a nuisance, of which both had ample notice. The village took the position that the fault was wholly that of the railroad company in constructing and maintaining its railroad bridge, without authority from the village, in such manner as to create a dangerous situation. The railroad company claimed that the construction of its bridge over the street…