Edgeley v. Appleyard
Supreme Judicial Court of Maine
On exceptions by plaintiff. This is an action on the case to recover damages of the defendant for causing the death of Laura A. Cates, by drowning, through the wrongful act, neglect or default of said defendant, and is based on Sections 9 and 10 of Chapter 89 of the Revised Statutes.
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On exceptions by plaintiff. This is an action on the case to recover damages of the defendant for causing the death of Laura A. Cates, by drowning, through the wrongful act, neglect or default of said defendant, and is based on Sections 9 and 10 of Chapter 89 of the Revised Statutes. The plaintiff claims that his intestate, while crossing the river in a team where a ford had been provided below the mill dam, controlled by the defendant, the wagon in which she was riding was struck by a flood of water, overturned, and she was drowned. It is alleged that the defendant hoisted the gates in the…
1Opinion of the CourtCornish, J.
The single question argued and presented in this case is Whether the testimony of a witness given at a coroner's inquest upon the death of the plaintiff’s intestate was admissible in this action, when offered by the plaintiff, the witness having deceased' after the inquest and 'before the trial. If not, the nonsuit ordered by the court is to stand.-
We think it was inadmissible, and that its exclusion by the presiding Justice was without error.
The -common law rule is wel-1 settled in this State that the testimony of a witness, since deceased, given at a previous trial may be received in…
2Cases cited7 opinions
- McInturff v. Insurance Co. of North AmericaIllinois Supreme Court · 1910
- State v. HouserSupreme Court of Missouri · 1858
- Petrie v. Columbia & Greenville RailroadSupreme Court of South Carolina · 1888
- Jackson v. CrillySupreme Court of Colorado · 1891
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. McGrathIllinois Supreme Court · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Trinity & B. v. Ry. Co. v. GearyCourt of Appeals of Texas · 1917
- Leach v. NelsonNorth Dakota Supreme Court · 1923
- Cox v. SeloverSupreme Court of Minnesota · 1927
- Chesapeake & Ohio Railway Co. v. McDonaldCourt of Appeals of Kentucky (pre-1976) · 1931
- Dwyer v. StateSupreme Judicial Court of Maine · 1958
1 more not listed; retrieve them via the Exa API.