Schindler v. Milwaukee, Lake Shore & Western Railway Co.

This case has been once before in this Court, and is reported in 77 Mich. 136. Only three of the Judges were sitting at the time of the argument. The judgment was reversed and the case remanded for a new trial; Mr. Justice Champlin 'and the writer of this opinion concurring in the reversal of the judgment, but reserving their opinion upon the question of defendant’s negligence, and agreeing to the reversal upon the ground that the declaration did not properly allege the defendant’s duty, and its neglect úo observe such duty. The case has been retried, resulting in a verdict and judgment for…