Baker v. Michigan Central Railroad

I regret that I am unable to agree with Justice McAlvay in the conclusions which he has reached in this case. While agreeing in the main with his statement of facts, I desire to call attention to one or two matters not specifically referred to by him. I first refer to a portion of the cross-examination of William C. Shortridge, the plaintiff’s principal witness.

In describing the manner in which plaintiff’s decedent approached the three cars on the track, after Smith and plaintiff’s decedent left the switch engine and started toward the cars, the witness testified as follows:

*627"He hadn’t got to…