Britton v. Michigan Central Railroad

The plaintiff was injured while riding in a buggy, through a collision at the crossing of a highway and the defendant’s railway in the city of Owosso. In an action charging negligence he recovered a judgment, and the defendant has brought error.

It is unnecessary to consider all of the questions raised. The circuit judge seems to have overlooked the responsibility resting upon him to see that the defendant had a fair trial, and allowed counsel to present the case to the jury in a way calculated to arouse their prejudices. It is said in the brief that the rule of this circuit forbids…