Marcott v. Marquette, Houghton & Ontonagon Railroad

This case makes its appearance in this court for the third time. Decisions in the former cases are reported in 41 Mich. 433, and 47 Mich. 1. On the trial which is now brought under review, the case was submitted to the jury upon the facts, and they returned a verdict for the defendant.

The action was for causing the death of plaintiff’s intestate, a child two or three years old, who got upon the track of the railroad, and was struck by a passing train. The train was an irregular train, consisting of a locomotive and a single passenger car, and was moving, as the jury found, at the rate of…