Whipple v. Michigan Central Railroad

The plaintiff was a passenger upon defendant’s railway train, and was injured through an *461accident to the train, it having been derailed. The theory of her counsel is that the train left the track by reason of the spreading of the rails. The defendant’s counsel assert that the accident was caused by the removal of a rail with -design to throw the train from the track. The cause went to the jury, and a verdict was rendered in favor of the plaintiff, and the defendant has taken a writ of error. The principal questions are: (1) Should the court have directed a verdict for the defendant ? • (2) If…