Taylor v. Grand Trunk Railway Co.
Supreme Court of New Hampshire
Cash to recover for injuries alleged to have been sustained by Emma Taylor, in Sept. 1866, while travelling on defendants’ road. In the writ, dated Oct. 3d, 1866, plaintiff was described as a minor suing by A. TV". Pope, her next friend. At April Term, 1867, the death of plaintiff was suggested, and John Bailey, 2d, her administrator, was admitted to prosecute the action. I. Plaintiff offered the deposition of Elizabeth A. Pope, taken after the death of Emma Taylor.
Read the full summary
Cash to recover for injuries alleged to have been sustained by Emma Taylor, in Sept. 1866, while travelling on defendants’ road. In the writ, dated Oct. 3d, 1866, plaintiff was described as a minor suing by A. TV". Pope, her next friend. At April Term, 1867, the death of plaintiff was suggested, and John Bailey, 2d, her administrator, was admitted to prosecute the action. I. Plaintiff offered the deposition of Elizabeth A. Pope, taken after the death of Emma Taylor. Defendants liad appeared by counsel at the caption, and -had raised no objection to the competency of the witness. No objection…
1Opinion of the CourtBellows, J.
The first question is whether Mrs. Pope was a competent witness. On that point it appears that the suit was brought in October, 1866 by the minor Emma Taylor, who sued by her next, friend A. W. Pope, the husband of the witness Mrs. Pope; and that at the April Term, 1867, the death of Emma Taylor was suggested, and her administrator, John Bailey 2d, admitted to prosecute the action. The trial was at the August Term, 1868, and the deposition of Mrs. Pope was taken after the plaintiff’s death.
The objection was that the husband was originally a party and liable for the costs of the suit. If this…
2Cases cited22 opinions
- Day v. WoodworthSupreme Court of the United States · 1852
- Cole v. TuckerTexas Supreme Court · 1851
- Tuller v. TalbotIllinois Supreme Court · 1860
- Frink v. PotterIllinois Supreme Court · 1856
- Fairchild v. Cal. Stage Co.California Supreme Court · 1859
17 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Story v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1900
- Hardy v. MerrillSupreme Court of New Hampshire · 1875
- Woelfle v. Connecticut Mut. Life Ins. Co.Court of Appeals for the Eighth Circuit · 1939
- Pulla v. Amoco Oil Co.District Court, S.D. Iowa · 1994