LaCroix v. Grand Trunk Western Railroad

Plaintiff’s case was based upon a theory that defendant was guilty of gross negligence or of wilful and wanton misconduct. His declaration did not charge simple negligence. This is confirmed by his declaration and by his concise statement of facts submitted in support of his application for leave to appeal to this Court. Mr. Justice Adams has written, and I agree, that plaintiff’s proofs would not have supported a jury verdict finding defendant guilty of gross negligence or of wilful and wanton misconduct.

The circuit judge’s instruction to the jury on the trespass statute was inapplicable to…