Hewitt v. East Jordan Lumber Co.
Michigan Supreme Court
Error to Charlevoix; Mayne, J. Case by Margaret Hewitt, administratrix of the estate of David C. Hewitt, deceased, against the East Jordan. Lumber Company, for the alleged negligent killing of plaintiff’s intestate. From a judgment for plaintiff, defendant brings error.
1Opinion of the CourtMoore, C. J.
This suit was brought to recover damages because of injuries received by David C. Hewitt while coupling cars belonging to the defendant company, which resulted in his death. From a judgment in favor of the plaintiff, the case is brought here by writ of error.
It is said by defendant that this action was brought under the “ Death Act,” when it should have been brought under the “Survival Act.” The circuit judge states in the bill of exceptions that no mention was made during the trial of the cause that recovery was erroneously sought under the “Death Act,” instead of the “Survival Act.” Under…
2Cases cited21 opinions
- Swoboda v. WardMichigan Supreme Court · 1879
- Morton v. Detroit, Bay City & Alpena RailroadMichigan Supreme Court · 1890
- Wierengo v. American Fire InsuranceMichigan Supreme Court · 1894
- Kinney v. FolkertsMichigan Supreme Court · 1891
- Bradburn v. Wabash RailroadMichigan Supreme Court · 1903
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3Cited by13 opinions
- Bunda v. HardwickMichigan Supreme Court · 1965
- Spray v. AyotteMichigan Supreme Court · 1910
- Wechsler v. MroczkowskiMichigan Supreme Court · 1958
- Pruner v. Detroit United RailwayMichigan Supreme Court · 1912
- Hartwig v. KellMichigan Supreme Court · 1917
8 more not listed; retrieve them via the Exa API.