Winchell v. Detroit & Mackinac Railway Co.

On October 9, 1973, plaintiff, Molly Winchell, and her infant daughter, decedent Karen Sue Winchell, were riding as passengers in a car being driven by plaintiffs husband, third-party defendant Elmer Winchell. The decedent was killed and plaintiff injured when the car collided with a moving Detroit & Mackinac Railway Company train at a marked crossing in Iosco County. The accident occurred at approximately 6:30 p.m. On December 4, 1975, plaintiff filed a complaint alleging that the defendant railroad’s negligence caused the accident. Defendant then filed a third-party complaint against…