Haas v. Grand Rapids & Indiana Railroad

The plaintiff as administrator of the estate of Adrian Leenders, deceased, sued the railroad company for causing the death of his intestate by negligently running one of its trains so as to collide with his team while he was crossing its track in passing along the public highway. In the circuit court the case was taken from the jury by the instruction of the judge that they should return a verdict for the defendant. The instruction seems to have been given because in the opinion of the judge the declaration united two inconsistent causes of action; but as the plaintiff ■was suffered to put in…