Maxwell v. Bay City Bridge Co.

This case has been before in this court, and is found reported in 41 Mich. 453, to which reference is made for a statement of the facts and a diagram, showing the location of the bridge, swing, property of the plaintiff, etc.

*281Two questions of primary importance have, with others, been argued and submitted in tbe present case, and these were not passed upon on the former hearing;

First, Did the evidence introduced tend to prove an estoppel as against the plaintiff' or his grantor Hart, so that damages could not now be recovered against the company % and,

Seoondk/, Did the action of the…