High end published .45-70 loads - the 28,000 stuff - is for the stronger old line guns like 1886 Winchester.
No doubt your Marlin could stand more but in addition to chamber pressure, you have to consider case head area and bolt thrust. The .45-70 is a big diameter case so its pressure has a lot of area to act on, and that is what your rifle's lockup sees.
The question now becomes, not whether you can safely exceed 28,000 psi by some amount, but to know what that amount is and when you have reached it. I know of no finely graduated load tables from, say 30,000 to 40,000 psi in 2000 increments. So you would be thrown back on computer programs and rules of thumb. I think the high end regular loads are plenty for my use.