Cardinal v. Houghton County Street Railway Co.

This case was originally submitted to this court upon briefs, before five of the justices sitting, and an opinion was handed down reversing the judgment and granting a new trial. Cardinal v. Railway Co., 165 Mich. 155 (130 N. W. 62?). The justices sitting agreed upon a reversal on the ground of contributory negligence of plaintiff, but disagreed upon the question as to whether, as a matter of law, under the facts, it could be said that the doctrine of discovered negligence was not applicable. Upon the rehearing the case was argued at length by the attorneys for both sides before the full…