Rouston v. Detroit United Railway
Michigan Supreme Court
Error to Oakland; Smith, J. Case by Grace G. Rouston against the Detroit United Railway for personal injuries. There was judgment for plaintiff, and defendant brings error. Defendant operates an electric railway between Detroit and Pontiac, running through the village of Birmingham. Its passenger cars run on schedule ■ time. It also runs freight cars on no schedule time, but under the direction of the operator located at the village of Royal Oak.
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Error to Oakland; Smith, J. Case by Grace G. Rouston against the Detroit United Railway for personal injuries. There was judgment for plaintiff, and defendant brings error. Defendant operates an electric railway between Detroit and Pontiac, running through the village of Birmingham. Its passenger cars run on schedule ■ time. It also runs freight cars on no schedule time, but under the direction of the operator located at the village of Royal Oak. The freight cars follow the passenger cars. A rule of the company requires that— “When two or more cars follow each other in the same direction,…
1Opinion of the Court
Grant, O. J.
(after stating the facts). The testimony of the witness Larr was incompetent. It was bare hearsay. It occurred 18 hours before the accident and at a place five miles distaht. It was no part of the res gestae, under the repeated decisions of this court. Dompier v. Lewis, 131 Mich. 144; Hall v. Murdock, 119 Mich. 389; Ablard v. Railway Co., 104 Mich. 147; Gardner v. Railway Co., 99 Mich. 182. See, also, authorities cited in those cases.
One’s liability for negligence cannot be established by hearsay admissions of an employe who has no authority to make such admissions and they…
2Cases cited10 opinions
- Hamilton v. Great Falls Street Railway Co.Montana Supreme Court · 1895
- Denver & Berkeley Park Rapid Transit Co. v. DwyerSupreme Court of Colorado · 1894
- Dolph v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1907
- Houston & T. C. R. R. Co. v. WillieTexas Supreme Court · 1880
- Dompier v. LewisMichigan Supreme Court · 1902
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3Cited by3 opinions
- Sewell v. Detroit United RailwayMichigan Supreme Court · 1909
- Congdon v. Detroit, Jackson & Chicago Railway Co.Michigan Supreme Court · 1914
- Bury v. Detroit United RailwayMichigan Supreme Court · 1917