Ely v. Detroit United Railway

The plaintiff’s intestate in this case, Henry Austin, met his death as the result of being struck on the head by the trolley wheel and pole of an interurban car of the Detroit, Monroe & Toledo Short Line upon the back platform of which he was riding, and this case was instituted by the plaintiff as administratrix and daughter of the deceased to recover damages for his death. The declaration contained two counts; one setting up liability under the “ death act,” and the other alleging liability under the “survival act.” The length of time which elapsed between the fatal blow and the complete…