Marquette, Houghton & Ontonagon Railroad v. Marcott

On the 20th of September, 1877, the decedent Joseph Mareott, son of defendant in error, and then about two and a half years of age, was struck fatally by a passing train of the plaintiffs in error on their railroad in Marquette county. The defendant in error claiming that the injury was the proximate consequence of actionable negligence on the part of .the railroad company, sued in his capacity of administrator to recover therefor, and in November, 1878, he obtained a verdict for $1,000.

The company complain that numerous errors were committed. It is first expedient to observe what the issue…