Fehnrich ex rel. Fehnrich v. Michigan Central Railroad

Plaintiff was injured by the tender of a switch-engine in a public street known as “ Park Avenue,'' in the city of Jackson, where that avenue crosses the defendant's tracks, September 19, 1887. He claims that the tender and engine ■ were backed up against him without any warning by ringing the bell or blowing the whistle. The allegation in the declaration is that he was injured “ while walking on and along said public highway, with all due care and caution.''

Plaintiff was 14 years and three months old. He was born and reared in Germany, in a town of about 2,000 inhabitants, through which a…