Cole v. Lake Shore & Michigan Southern Railway Co.
Michigan Supreme Court
Error to Washtenaw. (Kinne, J.) Negligence case. Defendant brings error. The facts are stated in the opinion. 1. Since the statute making all parties witnesses,' either party may compel the opposite party to testify; citing Riopelle v. Doellner, 26 Mich. 102, 105; Montague v. Dougan, 68 Id. 98; but we do not understand that the statute compels either party to attend and be sworn in his own behalf unless he so desires.
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Error to Washtenaw. (Kinne, J.) Negligence case. Defendant brings error. The facts are stated in the opinion. 1. Since the statute making all parties witnesses,' either party may compel the opposite party to testify; citing Riopelle v. Doellner, 26 Mich. 102, 105; Montague v. Dougan, 68 Id. 98; but we do not understand that the statute compels either party to attend and be sworn in his own behalf unless he so desires. And it was held in Cross v. Railway Co., 69 Mich. 369, that we were under no obligation to call Mrs. Cole. 2. We do not question the power of the court in any proper case to…
1Opinion of the CourtChamplin, C. J.
The plaintiff recovered a judgment in the court below, and the defendant brings the case here by writ of error. I quote from the opening sentence of the brief of defendant's counsel as follows:
“ This case is the companion piece of the case of George A. Cross against the same defendant, brought to this *159Court by the defendant, the judgment in which was affirmed at the April term, 1888, and reported in 69 Mich. 363.”
Counsel has presented an elaborate brief, and in his argument urges us to review the law as laid down in that case, and adopt the principles of a line of authorities holding railroad…
2Cases cited8 opinions
- Michigan, Central Railroad v. ColemanMichigan Supreme Court · 1874
- Bleecker v. . JohnstonNew York Court of Appeals · 1877
- Scovill v. BaldwinSupreme Court of Connecticut · 1858
- Cross v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1888
- Bancroft v. Boston & Worcester RailroadMassachusetts Supreme Judicial Court · 1867
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Prudential Insurance Co. of America v. CusickMichigan Supreme Court · 1963
- Barringer v. ArnoldMichigan Supreme Court · 1960
- Brandt v. C. F. Smith & Co.Michigan Supreme Court · 1928
- Farrand v. AldrichMichigan Supreme Court · 1891
- Gibbons v. Delta Contracting Co.Michigan Supreme Court · 1942
9 more not listed; retrieve them via the Exa API.