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Want Bio Damages

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Parent Issue
Public Domain
OCR Text

William Finnegan began snit yesterday against the Michigan Central railroad coinpany for $20,000 damages. He begins the suit as administrator of his sou, Don Finnegan, who was killed on the Central tracks by a passenger train Aug. 10, 1898. Lehman Bros. & Stivers are the plaintiff's attorneys. The case is strikingly similar to that commenced a week or so ago for the death of Agnes Warren. The declaration sets up the fact that the mili dam of the Argo Mills makes a pond desirable forboating, flshing, excursión and skating parties, and that the Central owns land along the river to which access cannot be had except by crossing their tracks. The Central, declares the plaintiff, for the purpose of making this parcel of land and the waters of the river and mili pond a public resort and of enabling the citizens and public in general to enjoy more fully and completely the pleasure of boating and flshing upon the waters of the ruill pond and river, had leased and for a term of Í 2 years before the accident had been in tbe practice of leasing large pareéis of their land to varióte persons for the purpose of enabling such people to make and use the land and water as a place of public resort. For this pnrpose divers persons had built upon such pieces of land, a grocery and tobáceo store and boat house and kept boats for rent and roceries, tobáceo and cigar for sale. The defendant, it is eharged, had kuowledge that it was necessary f or the public in order to reach this strip of land, the store and the boat houses, to pass up and down and cross over the railroad track and the public universally did so. The city ordinance is set forth requiring the trains to slow down :o six miles au hour and to ring their bell within 500 feet of crossings. Tbe bill sets forth that Don Finnegan was assisting one of the employees of the road in lighting the switches and semphores of the road west of the station and in company with the emiloyee had gone to the store and boat louse for 20 minutes and that upon their return they attempted to pass aloiig and across the railroad track in order to reach a public highway. A ong freight train passing over the Ann Arbor road bridge and the waters roaring over the mili dam, deadened and destroyed the ordinary noise of an approaching mail train, which was coming at the rate of 30 miles an ïour without ringing a bell or sound ng a whistle, or keepiug the proper oakont. At the center of the long curve which the road makes at this x)int the train struck Don Finnegan and ie died after six hours of suffering. The damages asked for are 20,000.