Matta v. Chicago & West Michigan Railway Co.

The plaintiff brought suit for damages resulting from the death of her intestate, who was killed upon a highway crossing known as the “ Plee Crossing,” in the township of Lincoln, Berrien county.

The declaration alleged negligence in the defendant’s failure to give any notice or warning of the approach of its train to such crossing, either by sounding a whistle, ringing a bell, or otherwise.

The evidence of the witnesses for the plaintiff was that none of them heard any whistle sounded or bell rung until the train struck the cattle-guard at the crossing.

The accident was witnessed by James G-.…