Dolph v. Lake Shore & Michigan Southern Railway Co.
Michigan Supreme Court
Error to Lenawee; Chester, J. Case by Wira H. Dolph against the Lake Shore & Michigan Southern Railway Company for the negligent burning of plaintiff’s buildings. There was judgment for plaintiff, and defendant brings error. Plaintiff’s house, a small one, situated about 100 feet from the track of the defendant’s road, and woodshed, situated about 80 feet from the track, were destroyed by fire.
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Error to Lenawee; Chester, J. Case by Wira H. Dolph against the Lake Shore & Michigan Southern Railway Company for the negligent burning of plaintiff’s buildings. There was judgment for plaintiff, and defendant brings error. Plaintiff’s house, a small one, situated about 100 feet from the track of the defendant’s road, and woodshed, situated about 80 feet from the track, were destroyed by fire. No one was in the occupancy of the house at the time; neither was any one near when the fire started. The house had been vacant for about two months. It was an exceedingly dry time. The grass along the…
1Opinion of the CourtGrant, J.
{after stating the facts). 1. One McKenzie was a witness for the defendant on a former trial. He was not called by it upon this trial. After the defendant had rested its case, plaintiff was permitted to read to the jury the testimony of this witness upon the former trial. It seems to have been conceded that the witness was beyond the jurisdiction of the court. If the plaintiff failed to show that the witness was beyond the jurisdiction of the court, it was error to admit the reading of his testimony. If he had established the fact, that the witness was beyond the jurisdiction of the court, ,…
2Cases cited14 opinions
- Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Hagan v. Chicago, Detroit & Canada Grand Trunk Junction RailroadMichigan Supreme Court · 1891
- Greenfield v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1891
- Blackburn v. SweetWisconsin Supreme Court · 1875
- Menominee River Sash & Door Co. v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1895
9 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- New York Central Railroad v. JohnsonSupreme Court of the United States · 1929
- Fishleigh v. Detroit United RailwayMichigan Supreme Court · 1919
- Sewell v. Detroit United RailwayMichigan Supreme Court · 1909
- Trinity & B. v. Ry. Co. v. GearyCourt of Appeals of Texas · 1917
- Potter v. Grand Trunk Western Railway Co.Michigan Supreme Court · 1909
16 more not listed; retrieve them via the Exa API.