Legal Opinion

Shaller v. Detroit United Railway

Michigan Supreme Court

Decided February 27, 1905No. Docket No. 73PublishedCited by 1 opinion

Error to Oakland; Smith, J. Case by John Shaller against the Detroit United Railway for personal injuries. There was judgment for plaintiff, and defendant brings error.

1Opinion of the CourtOstrander, J.

In this case a single error is assigned by the defendant, appellant. It is based upon the refusal of the circuit judge to charge the jury, as requested, that:

“ In this case it is the duty of the jury to consider the 'testimony, and, in cases of difference of opinion, to reconcile such differences, if they are able to do s.o. But in order to do so, no individual is required to surrender his individual opinion, and this is as true as to the amount of damages as well as any other question.”

The acti'on is for damages for personal injuries arising out of the negligence of the defendant company.…

2Cited by1 opinion

  1. Hintz v. Michigan Central RailroadMichigan Supreme Court · 1905

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