Mahlen v. Lake Shore & Michigan Southern Railway Co.

Graves, O. J.

The plaintiff recovered damages for being struck and injured by one of defendant’s • trains while he was going on foot across the track on a public street, and the defendant seeks a reversal on allegations of error.

The trial was before a jury. The defendant’s negligence was averred to consist in the three particulars of running the train without a head-light; in going at excessive speed ; and in failing to give warning by bell or whistle. The first two were ruled out, and the defendant’s culpability was therefore rested at last on the allegation of failure to sound the bell or…