Michigan Supreme Court March 5, 1907, Docket No. 5 (Hopkins v. Grand Rapids & Indiana Railroad)

Blair, J.

The declaration in this case, so far as necessary to be set forth, was as follows:

“ And whereas, also, said defendant being so engaged in operating and in control of said railroad and said public street being so open and in use in said village of Tustin and crossing defendant’s railroad and there having been for many years previous to the date stated above, a sidewalk maintained and in