Edwards v. Foote
Michigan Supreme Court
Error to Jackson; Peck, J. Case by Charles K. Edwards against William A. Eoote, receiver of the Jackson Street-Railway Company, for personal injuries. From a judgment for plaintiff, defendant brings error. Plaintiff brought suit to recover damages for injuries sustained in a collision with one of defendant’s street cars while driving across its track. At the time of the accident, plaintiff was riding with his son-in-law, Mr. Forner.
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Error to Jackson; Peck, J. Case by Charles K. Edwards against William A. Eoote, receiver of the Jackson Street-Railway Company, for personal injuries. From a judgment for plaintiff, defendant brings error. Plaintiff brought suit to recover damages for injuries sustained in a collision with one of defendant’s street cars while driving across its track. At the time of the accident, plaintiff was riding with his son-in-law, Mr. Forner. The horse they were driving was a nervous, excitable animal, and afraid of the street cars. They were seated in a low, covered carriage, with the top clear down.…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The first error alleged is upon the ruling of the court in refusing to permit a witness for the defendant to testify to what Mr. Porner, the driver, said after the accident. The witness was the conductor of the car. The question arose in this way:
“ Q. Did you have any talk or hear any talk between the driver and any one after the accident occurred ?
“A. Yes, sir.
“ Q. What, if anything, did the driver of the vehicle say with reference to his getting across the track at that time in front of the car ?
“ A. I couldn’t say that those statements were made in Edwards’…
2Cases cited1 opinion
- Mabley v. KittlebergerMichigan Supreme Court · 1877
3Cited by5 opinions
- Loose v. Township of DeerfieldMichigan Supreme Court · 1915
- Canerdy v. Port Huron, St. Clair & Marine City Railway Co.Michigan Supreme Court · 1909
- Kloosterman v. Kalamazoo City Lines, Inc.Michigan Court of Appeals · 1970
- Michaels v. PintenMichigan Supreme Court · 1919
- Plant v. HeratyMichigan Supreme Court · 1902