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BALDINGER v. ANN ARBOR R.R. CO.

Calendar No. 41, Docket No. 50,136.

372 Mich. 685 (1964)

127 N.W.2d 837

BALDINGER v. ANN ARBOR RAILROAD COMPANY.

Supreme Court of Michigan.

Decided May 4, 1964.

Attorney(s) appearing for the Case

Peter F. Cicinelli, Eugene D. Mossner, and Nuel N. Donley, for plaintiff.

Bodman, Longley, Bogle, Armstrong & Dahling (Frederick C. Nash and Charles F. Hosmer, of counsel), for defendant.

BLACK, J.

The plaintiff husband sued under the statute1 for wrongful death of his wife, Mildred Baldinger. Mrs. Baldinger's death resulted from a collision at grade of defendant's train with an automobile occupied by her. Verdict and judgment for defendant. On appeal the decisive question is brief-stated by plaintiff's counsel:

"Did the trial court err in eliminating from jury consideration plaintiff's theory that the railroad...

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