Green v. Chicago & West Michigan Railway Co.

The plaintiff’s son, an infant about two years of age, wandered from the premises of its grandmother into the highway, and from there upon and along a private way to the defendant’s railroad track, where it was killed by a train of flat or freight cars which was being backed slowly, in the process of switching. No eyewitness of the accident was produced, but there was evidence tending to show that there was no lookout upon *649the cara as the train was backed up, the brakemen being otherwise engaged at the time. The court refused to direct a verdict for the defendant, and left the questions of…