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KUSHMAUL v. CONSUMERS POWER CO.

Docket No. 1,124.

3 Mich. App. 626 (1966)

143 N.W.2d 154

KUSHMAUL v. CONSUMERS POWER COMPANY.

Michigan Court of Appeals.

Decided June 28, 1966.

Attorney(s) appearing for the Case

van Benschoten & van Benschoten, for plaintiff.

Stanton, Taylor, McGraw & Collison (Ralph B. Taylor, of counsel), for defendant Frank J. Knight Company.

Smith, Brooker, Harvey & Cook (Carl H. Smith, of counsel) and S.H. Redner, for defendant Consumers Power Company.

QUINN, J.

April 22, 1959, plaintiff's 2-year-old son was struck by a train of Chesapeake & Ohio Railway Company and was instantly killed. The accident occurred on the tracks of Chesapeake & Ohio Railway Company near plaintiff's home in Saginaw township, Saginaw county. March 18, 1961, plaintiff commenced an action against the railway company under the wrongful death act, CL 1948, §§ 691.581 and 691.582 (Stat Ann §§ 27.711 and 27.712). Sometime...

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