O'Loughlin v. Detroit & MacKinac Railway Co.

Lutie O’Loughlin, widow of Terrence O’Loughlin, as administratrix of his estate, brought suit under the Wrongful Death Act 1 to recover damages from defendant Detroit and Mackinac Railway Company. The trial court sitting without a jury awarded plaintiff damages of $100,-000. On its own motion the court reduced the recovery to $88,000. From this judgment defendant appeals and plaintiff cross-appeals.

At approximately 1:30 a.m. on October 3, 1963, plaintiff’s decedent 2 was fatally injured when the car which he was driving collided with defendant’s freight train at a crossing on US 23 near…