Mynning v. Detroit, Lansing & Northern Railroad

When this case was before us the first time, upon the testimony introduced on the part of the plaintiff, we held that the question of decedent’s contributory negligence was not free from doubt, and that the court did right in submitting the case to the jury. Mynning v. D. L. & N. R. R. Co., 59 Mich. 259.

■ When the case came before us again, we held that, by the plaintiff’s own showing, the deceased was chargeable with such contributory negligence as precluded a recovery (Mynning v. D. L. & N. R. R. Co., 64 Mich. 93), and the case was sent back for a new trial.

Ordinarily, where the plaintiff…