Legal Opinion

McMahon v. Dumas

Michigan Supreme Court

Decided July 25, 1893PublishedCited by 2 opinions

Error to Menominee. (Stone, J.) Case. Defendant brings error. Tbe facts are stated in tbe opinion.

1Opinion of the CourtGrant, J.

Plaintiff's husband was killed on the morning of October 12, 1890, before daylight, on the track of the Chicago & Northwestern Eailroad. The condition of his body, which was found after daylight, showed that he had been struck by a passing train. Plaintiff claims that he came to his death by reason of intoxication, to which the defendant, a saloon keeper, contributed. There was evidence tending to show that he was in the habit of getting intoxicated. The plaintiff testified:

“My husband got drunk whenever he could get liquor, and, when he got his pay, he would spend more or less of his wages…

2Cited by2 opinions

  1. Radley v. SeiderMichigan Supreme Court · 1894
  2. McNary v. BlackburnMassachusetts Supreme Judicial Court · 1901

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