Legal Opinion

Wingert v. Carpenter

Michigan Supreme Court

Decided July 5, 1894PublishedCited by 34 opinions

Mandamus. Relator applied for mandamus to compel respondent to permit him to file an amended declaration. The facts are stated in the opinion.

1Opinion of the CourtGrant, J.

The relator, as administrator of the estate of Alexander Wingert, deceased, brought suit in the circuit court for the county of Wayne to recover damages for the death of said Alexander, alleged to have been caused by the negligence of the defendant, the Star Line of Steamers, a corporation organized and doing business under the laws of Michigan.

The deceased was drowned July 11, 1892, in Canadian waters. Suit was commenced on September 23, 1892, by filing declaration and entering rule to plead. Plaintiff based his right of recovery on How. Stat. §§ 8313, 8314. The case came to trial, and the…

2Cases cited2 opinions

  1. The HarrisburgSupreme Court of the United States · 1886
  2. People ex rel. Gorman v. Judge of the Newaygo Circuit CourtMichigan Supreme Court · 1873

3Cited by34 opinions

  1. Olmstead v. AndersonMichigan Supreme Court · 1987
  2. Abendschein v. FarrellMichigan Supreme Court · 1969
  3. Sexton v. Ryder Truck Rental, Inc.Michigan Supreme Court · 1982
  4. LaBar v. CooperMichigan Supreme Court · 1965
  5. Thompson Towing & Wrecking Ass'n v. McGregorCourt of Appeals for the Sixth Circuit · 1913

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