MacKey v. Grand Trunk Railway Co.
MacKey, Adm’r, v. Grand Trunk Railway Co.
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Parsons, C. J.
Upon the only ground of liability asserted — the defendants’ fault in not avoiding the injury 'after discovery of the danger — the case cannot be distinguished from Cavanaugh v. Railroad, ante, 68. In view of the suggestion of additional evidence upon the question of damages, there is now no occasion to consider the plaintiff’s exception to the ruling thereon, which was not argued. The plaintiff was entitled to go to the jury.
Exception sustained.
All concurred.
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