CUMMINGS v. GRAND TRUNK W.R.R. CO.

Calendar No. 115, Docket No. 49,974.

372 Mich. 695 (1964)

127 N.W.2d 842

CUMMINGS v. GRAND TRUNK WESTERN RAILROAD COMPANY.

Supreme Court of Michigan.

Decided May 4, 1964.


Attorney(s) appearing for the Case

Goodman, Crockett, Eden, Robb & Philo (Harry M. Philo, of counsel), for plaintiff.

Earl C. Opperthauser, for defendant.


SOURIS, J.

This is a wrongful death action to recover damages for the death of a passenger riding in a southbound automobile struck by the steam engine of defendant's westbound passenger train at a grade crossing. At the conclusion of plaintiff's proofs the trial judge granted defendant's motion for a directed jury verdict of no cause. Judge Dondero concluded that, while there was evidence that the railroad was negligent in maintaining an unauthorized and misleading...

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