Chicago Lumbering Co. v. Hewitt
Court of Appeals for the Sixth Circuit
In Error lo the Circuit Court of the United States for the Western District of Michigan. Action by Henry Hewitt and Elisha D. Smith against the Chicago Lumbering Company. Plaintiffs recovered judgment, and defendant brings error. The plaintiff in error, the Chicago Lumbering Company, has a large sawmill near the mouth of the Manistique river, which empties into Lake Michigan from the Upper Peninsula of Michigan.
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In Error lo the Circuit Court of the United States for the Western District of Michigan. Action by Henry Hewitt and Elisha D. Smith against the Chicago Lumbering Company. Plaintiffs recovered judgment, and defendant brings error. The plaintiff in error, the Chicago Lumbering Company, has a large sawmill near the mouth of the Manistique river, which empties into Lake Michigan from the Upper Peninsula of Michigan. About two miles above the mill of appellant is a mill called the “Jamos,” and owned by the defendants in error. There was a boom across the river above each mill. Logs to supply these…
1Opinion of the CourtLurton, Circuit Judge
The ruling under which the book kept by the witness McFadden was admitted as evidence seems to have been rested upon the ground that the evidence afforded by Mr. McFadden’s entries was the best evidence of the facts sought to be proven which it was in the power of the plaintiffs to produce. It is true that the book is one which had been kept by the witness, and the entries offered had been all made by him. But it is equally true that the data upon which those entries had been made had been obtained from another, and that the witness had no such personal knowledge as to the correctness of…
2Cases cited8 opinions
- Chaffee & Co. v. United StatesSupreme Court of the United States · 1874
- Nicholls v. WebbSupreme Court of the United States · 1823
- Bates v. PrebleSupreme Court of the United States · 1894
- Halsey v. . SinsebaughNew York Court of Appeals · 1857
- Commonwealth v. FordMassachusetts Supreme Judicial Court · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Chicago & N. W. Ry. Co. v. KendallCourt of Appeals for the Eighth Circuit · 1909
- Wisconsin Steel Co. v. Maryland Steel Co.Court of Appeals for the Seventh Circuit · 1913
- San Francisco Teaming Co. v. GrayCalifornia Court of Appeal · 1909
- Arneson v. NergerSouth Dakota Supreme Court · 1914
- Chandler v. RobinettCalifornia Court of Appeal · 1913
4 more not listed; retrieve them via the Exa API.