Rajnowski v. Detroit, Bay City & Alpena Railroad

This case was before this Court at the January term, 1889, and is reported in 74 Mich. 20 (41 N. W. Rep. 847). The cause was retried in the Alpena circuit court, where plaintiff had judgment for $1,500. Defendant brings error. The facts are quite fully stated in the former opinion, and need not be restated.

The claim of defendant's counsel now is:

*6821. No negligence amounting to a cause of action was made out against the defendant.

2. The plaintiff throughout the entire trial relied for a recovery upon the claimed negligence of the defendant in allowing the engine No. 16 to get out of repair, and…