Proper v. Lake Shore & Michigan Southern Railway Co.

The plaintiffs’ intestate was -instantly killed by the defendant’s passenger train at a street crossing in the village of Jonesville. At the time he was driving in a buggy, and his horse was struck when he had but just stepped his fore feet upon the track. The action is case for negligence, and the case was left to the jury, who found a verdict for the defendant, and plaintiffs have appealed.

The claim was made by defendant’s counsel upon the trial that the deceased supported the widow from interest earned by his accumulated property, and not from his personal earnings; and the judge was…