157 Mich. 688 | Mich. | 1909
Plaintiff’s decedent, a boy eight years and three months old, was playing with four other boys in a puddle of water on Stone street, in the city of Port Huron, opposite the yard of the defendant’s tracks. Stone street runs north and south. The railroad tracks cross the street diagonally in an easterly and westerly direction. Three tracks cross the street. These tracks east of the road immediately branch off into side tracks, reaching manufactories located along the tracks to the eastward. The boys were in the road south of the track. A switch crew was engaged in switching cars. The switch engine was pulling two loaded cars and shoving a flat
Extended discussion is unnecessary. The case is expressly.ruled against the plaintiff by Katzinski v. Railway Co., 141 Mich. 75 (104 N. W. 409), and Hamilton v. Railway Co., 142 Mich. 56 (105 N. W. 82), and authorities there cited. See, also, Chicago, etc., R. Co. v. Smith, 46 Mich. 504 (9 N. W. 830, 41 Am. Rep. 177); Peninsular Trust Co. v. City of Grand Rapids, 131 Mich. 571 (92 N. W. 38).
Judgment reversed, and, inasmuch as no different state of facts can be shown upon a new trial, none will be ordered.