Legal Opinion · Dissent

Sweetland v. Chicago & Grand Trunk Railway Co.

Michigan Supreme Court

Decided June 28, 1898Published

Error t'o Cass; Coolidge, J. Case by John B. Sweetland, administrator of the estate of Evaline A. Aldrich, deceased, against the Chicago & Grand Trunk Railway Company, for negligently causing the death of plaintiff’s intestate. Erom a judgment for plaintiff, defendant brings error.

1DissentHooker, J.

The plaintiff’s intestate lost her life through a collision and consequent burning of the car in which she was riding upon the defendant’s railroad. The plaintiff recovered a judgment of $1,110,— $1,000 upon, the first and $110 upon the second count of the declaration. A verdict was rendered for the defendant upon the third count. The defendant has brought error. The questions to be discussed pertain to the construction to be given to two statutes of this State, viz., 3 How. Stat. § 7397, and 2 How. Stat. §§ 8313, 8314, the first of which, for convenience, we will call the “ survival act,”…

2Cases cited5 opinions

  1. Indianapolis & St. Louis Railroad v. StoutIndiana Supreme Court · 1876
  2. Legg v. BrittonSupreme Court of Vermont · 1890
  3. Merkle v. Township of BenningtonMichigan Supreme Court · 1885
  4. State v. Maine Central RailroadSupreme Judicial Court of Maine · 1872
  5. State v. Grand Trunk RailwaySupreme Judicial Court of Maine · 1873

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