Budd v. Ann Arbor Railroad

(after stating the facts). Counsel for defendant in this court assert that they rely upon errors as follows:

1. In the introduction of evidence.

2. In overruling defendant’s motion for a directed verdict in its favor.

3. In refusing to give to the jury proper instructions requested by the defendant.

It is urged by counsel for defendant that inasmuch as plaintiff’s declaration alleged that:

“Said railroad then and there ran so near to the said property so owned by the plaintiff that it was possible for sparks from said locomotive to be blown and carried over to and upon the said property,”

the…