Cook v. Grand Trunk Western Railroad

This is a negligence case brought for claimed wrongful death of plaintiff’s decedent, when defendant’s nonseheduled train collided with the automobile driven by plaintiff’s decedent at a crossing in the city of Ionia, Michigan. The case was tried before a jury with a verdict of no cause for action. Plaintiff made a motion for new trial and upon its denial has appealed.

Plaintiff asserts one error, that of the trial judge failing to give the following request to charge:

“I charge you ladies and gentlemen of the jury that from the facts now presented to you it is the law of this State that Joseph…