MacKey v. Grand Trunk Railway Co. ( 1912 )

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.