Pearce v. Quincy Mining Co.
Michigan Supreme Court
Error to Houghton; Streeter, J. Case by James H. Pearce, administrator of the estate of Timothy Sullivan, deceased, against the Quincy Mining Company for the negligent killing of plaintiff’s intestate. There was judgment for defendant, and plaintiff brings error. This is an action of tort, based upon the alleged negligent killing of plaintiff’s intestate, Timothy Sullivan. Timothy, at the time of his death, was a little over 16 years and 2 months old.
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Error to Houghton; Streeter, J. Case by James H. Pearce, administrator of the estate of Timothy Sullivan, deceased, against the Quincy Mining Company for the negligent killing of plaintiff’s intestate. There was judgment for defendant, and plaintiff brings error. This is an action of tort, based upon the alleged negligent killing of plaintiff’s intestate, Timothy Sullivan. Timothy, at the time of his death, was a little over 16 years and 2 months old. The declaration alleges that he "was an intelligent, ambitious, strong, and healthy boy, and accustomed to earn large wages.” He was killed by…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The first error assigned is the refusal of the court to excuse a juror who was challenged by the plaintiff because he was an employé of the defendant. We are cited to no case in this court which decides the question. Counsel for defendant rely on Goodrich v. Burdick, 26 Mich. 39, where the defendant’s clerk was excused by the court. It was there said, the court speaking through Christiancy, C. J.:
“Though it might not have been erroneous for the court to have allowed Stewart, the clerk of the defendant, to sit as a juror, no other cause being shown against him,…
2Cases cited4 opinions
- Atlas Mining Co. v. JohnstonMichigan Supreme Court · 1871
- Theisen v. JohnsMichigan Supreme Court · 1888
- Goodrich v. BurdickMichigan Supreme Court · 1872
- Luebe v. ThorpeMichigan Supreme Court · 1892
3Cited by12 opinions
- Poet v. Traverse City Osteopathic HospitalMichigan Supreme Court · 1989
- City of Naperville v. WehrleIllinois Supreme Court · 1930
- Frank v. United StatesCourt of Appeals for the Ninth Circuit · 1930
- People v. BadourMichigan Court of Appeals · 1988
- Peklenk v. Isle Royale Copper Co.Michigan Supreme Court · 1915
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