Legal Opinion

Wheeler v. Detroit Electric Railway

Michigan Supreme Court

Decided November 12, 1901PublishedCited by 7 opinions

Error to Wayne; Hosmer, J. Case by Eva Wheeler against the Detroit Electric Railway for personal injuries. Prom a judgment for defendant, plaintiff brings error. Plaintiff claims that she was injured through the negligence of the defendant in suddenly starting its car while she was alighting from it, about 11 o’clock at night.

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Error to Wayne; Hosmer, J. Case by Eva Wheeler against the Detroit Electric Railway for personal injuries. Prom a judgment for defendant, plaintiff brings error. Plaintiff claims that she was injured through the negligence of the defendant in suddenly starting its car while she was alighting from it, about 11 o’clock at night. The declaration alleges that she entered the car, and, when it stopped and was standing still, she “went to the rear platform for the purpose of alighting therefrom; that while she was proceeding to the lower step of the platform, for the purpose of alighting, defendant…

1Opinion of the CourtGrant, J.

(after stating the facts). 1. Upon cross-examination plaintiff was asked , if her daughter had an accident claim against the city of Detroit. Her answer was, “That has nothing to do with this.” Upon the question bein£ put the second time, she asked, “ Do I have to answer that question ?” to which her attorney replied, “Answer it, certainly, if- he wants to know.” To the question shh then answered, “Yes.” Her husband testified, without objection, that he had two negligence injury claims pending. After plaintiff rested her case, her attorney moved to strike out the above testimony, and the…

2Cited by7 opinions

  1. Isbell v. Anderson Carriage Co.Michigan Supreme Court · 1912
  2. Totten v. TottenMichigan Supreme Court · 1912
  3. Truman v. J. I. Case Threshing Machine Co.Michigan Supreme Court · 1912
  4. John D. Gruber Co. v. SmithMichigan Supreme Court · 1917
  5. Minor v. WalkerMichigan Supreme Court · 1914

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