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- Cases Decided in the Supreme Court of Michigan, Vol. 188
Cases Decided in the Supreme Court of Michigan, Vol. 188
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Excerpt from Cases Decided in the Supreme Court of Michigan, Vol. 188: From September 28 to December 21, 1915
Person, J. Plaintiff, who was a little more than 13 years old, with his sister Pearl, who was still younger, went from their home in Saginaw to pass Christmas with their grandfather, near the village of Linwood. This was on the 23d day of December, 1911. From Saginaw to Bay City their route was by way of the Pere Marquette Railroad, and from Bay City over the defendant's road. The children were traveling alone, and when the conductor on defendant's road took up their tickets, after leaving Bay City, he prom ised, as they claim, that he would notify them on reaching Linwood, and tell them when to get Off. They say that they relied upon this promise and did not hear the name Linwood called at any station. After a time the plaintiff, thinking they had traveled far enough to have reached their destination, again Spoke to the conductor, who told them that they had already passed Linwood, and had better hurry and get off, or they would be carried still further. They thereupon left the train, at a ¿ag station called Mitchie, and from there walked back, through the village of Lin wood, to their grandfather's home, a distance of nearly eight miles, reaching there some time after dark. The day was stormy and there was snow on the ground. The boy carried a suit case weighing some 15 pounds, and most of the way also a basket. When he reached his grandfather's he was tired, had contracted a severe cold, and could not eat his supper. From that time on he claims that he never felt well and always had a cold, that his lungs were continually sore, and that he suffered from pains in his Side, as well as in other ways. In May he became very ill with pneumonia, and was taken to a hospital, where an operation was performed, and large quantities of pus taken from his Side. He had not fully recovered at the time of the trial. The jury awarded him a verdict for $600.
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