Cowan v. Muskegon Railway Co.

Defendant company owns and operates a street railway at Muskegon. On October 20, 1889, it was engaged in extending and laying its tracks, and had excavated and dug up the ground on Lake street, and had thrown up quantities of dirt and rubbish into the street adjoining its tracks. Plaintiff’s buggy was being-driven upon the street in the night-time, and, coming upon one of these heaps of dirt, was capsized and injured, and plaintiff brought suit in justice’s court, recovered in that court, and defendant appealed to the circuit court, where plaintiff again recovered. .

*584Plaintiff’s declaration is…