Parkhurst v. Johnson

The plaintiff, as administrator of her deceased husband Daniel Parkhurst, brings suit against Johnson for causing the death of.her husband by negligence. She recovered judgment in the circuit court, and the principal question on this record is, whether there was any evidence of negligence on the part of defendant to go to the jury.

The principal facts in the case are these: Johnson, in the fall of 1880, was proprietor of a lime kiln in East Saginaw, which he was then operating. It was customary, when the stone at the base of the kiln was sufficiently burned, to take it out. When this was. done…