Flintoff v. Muskegon Traction & Lighting Co.

This action was brought under the “death act,” so-called, to recover damages from the defendant for causing the instant death of George N. Flintoff, the son of the plaintiff, a boy 7 years and 5 months old, at about noon on December 31, 1916, at the city of Muskegon. The first count of the declaration alleged the negligence of the defendant to consist of failure to ring a bell or sound a gong, to warn, when approaching the plaintiff’s decedent where he was on the track; that defendant was guilty of gross negli-. gence in not stopping the car to avoid the accident; and that defendant was…