Legal Opinion

Kingston v. Fort Wayne & Elmwood Railway Co.

Michigan Supreme Court

Decided February 16, 1898Published

Error to Wayne; Simpson, J., presiding. Case by Thomas Kingston against the Fort Wayne & Elmwood Railway Company for personal injuries. From a judgment for defendant, plaintiff brings error.

1Opinion

ON REHEARING

2Per curiam

This cause was m this court at the January term, 1897, and an opinion was filed March 10th following. On the trial in the court below the defendant had judgment, which was reversed, and a new trial granted. The defendant thereafter moved for rehearing, which was granted.

While we are satisfied that the case was properly reversed and a new trial granted, we think there are some matters in the former opinion which should be corrected. It was there held that certain evidence should not have been admitted, showing that the plaintiff, for two or three years prior to that time, was in…

3Cases cited1 opinion

  1. Metropolitan St. Ry. Co. v. KennedyCourt of Appeals for the Second Circuit · 1897

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