McWilliams v. Lake Shore & Michigan Southern Railway Co.

Plaintiff was a passenger on one of defendant’s trains on the evening of July 4, 1903, from Grand Rapids to Hudson, Mich. The case set out and attempted to be proved by her is a contract of carriage and a breach of the duty of defendant to protect her from an assault committed by a fellow passenger, who was, and by the servants of defendant was known to be, intoxicated, armed with and carelessly discharging a firearm on the train. Plaintiff’s case as to the cause of her injury and the attendant circumstances was made by her own testimony. Upon direct examination, without objection being made…