Benage v. Lake Shore & Michigan Southern Railway Co.

McGrath, . C. J.

(dissenting). Plaintiff’s intestate was a brakeman upon one of defendant’s way freight trains, running between Grand Rapids and White Pigeon. The *80Bardeen Paper Company has two mills at Otsego, one lying between the main track and the river, and the other located on the other side of the river. A spur ran from defendant’s main track to mill No. 1, and across the river, upon a trestle, to mill No. 2, the track being half circular in form. The train stopped at Otsego, left some cars at mill No. 1, and the engine, with tender attached, started in a westerly direction to back over…