Tobias v. Michigan Central Railroad

In October, 1891, the husband of the administratrix, while driving his horses and wagon on a public highway where it crosses the defendant’s tracks, was struck by one of defendant’s passenger trains and killed. The accident occurred at 5:30 o’clock in the evening at the place known as “ Mt. Hope Crossing,” in the south boundary of the city of Lansing. This action is for damages.

The negligence alleged is:

1. Running the train at a high rate of speed, the crossing being a dangerous one, and the night dark and foggy.

2. Failing to ring the bell as required by the statute.

3. That the defendant had,…