Masters v. New York Central Rd.

Since no question was made as to any conflict of law between the state of Michigan where the cause of action arose and the state of Ohio as the forum of trial, we are justified in assuming that the law ’ applicable to the case is the same in both jurisdictions, or that the parties agreed or acquiesced in the assumption that the law was the same in both jurisdictions and was so applied in the trial of the case.

The plaintiff alleged in his petition both negligence and willful and wanton misconduct on the part of the defendant. If the defendant was guilty of the latter, a recovery by plaintiff…