McDonnell v. Central Drug Co.

This case has been in this court once before and will be found reported at 160 Mich. 455 (125 N. W. 546), where a sufficient statement of facts will be found. A second trial in the court below has resulted in a verdict for plaintiff in the sum of $6,268.01, and defendant has removed the case to this court for review. There are some 76 assignments of error which are treated by defendant under the following heads:

“ (1) The proximate cause of the death of the plaintiff’s intestate was the negligence of David Berlin, a fellow-servant with the deceased, for whose acts no recovery can be had in…