Logan v. Lake Shore & Michigan Southern Railway Co.

The defendant has appealed from a judgment for damages, rendered in a negligence case, in favor of the plaintiff. The latter was riding, with others, upon spring seats placed in a wagon box, upon a bob sled, and was thrown out by the upsetting of the same just after crossing defendant’s railroad track, which crossed'the highway at an angle somewhat acute. The cause of the upsetting is not conclusively shown. Plaintiff’s theory is that it was due to the failure of defendant to maintain crossing planks higher than the rails, by reason of which one of the runners of the rear bob clung to the…