Preuschoff v. B. Stroh Brewing Co.
Michigan Supreme Court
Error to Wayne; Brooke, J. Case by August C. Preuschoff, administrator of the estate of Conrad H. Huber, deceased, 'against the B. Stroh Brewing Company, for the alleged negligent killing of plaintiff’s intestate. From a judgment for plaintiff, defendant brings error. Defendant’s brewery is situated between Elizabeth and Columbia streets, in the city of Detroit. These streets run east and west, Elizabeth street being on the south.
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Error to Wayne; Brooke, J. Case by August C. Preuschoff, administrator of the estate of Conrad H. Huber, deceased, 'against the B. Stroh Brewing Company, for the alleged negligent killing of plaintiff’s intestate. From a judgment for plaintiff, defendant brings error. Defendant’s brewery is situated between Elizabeth and Columbia streets, in the city of Detroit. These streets run east and west, Elizabeth street being on the south. Elizabeth street proper extends only to that one of the defendant’s buildings which constitutes its cellars and shipping rooms, but is continued east by an alley…
1Opinion of the CourtGrant, J.
(after stating the factsj dissenting). 1. The court instructed the jury:
“I charge you as a matter of law that you may believe the testimony of any witness or disregard the testimony of any witness.”
This instruction was .given without any qualification or explanation. It is not the law. Jurors are not at liberty to arbitrarily set aside the testimony of a fair and unimpeached witness. The books are full of cases where courts have directed verdicts where the testimony is uncontradicted, and the witnesses, though in the employ of the parties, are unimpeached. There must be something ápparent…
2Cases cited4 opinions
- Michigan Pipe Co. v. Michigan Fire & Marine InsuranceMichigan Supreme Court · 1892
- Underhill v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1890
- Berzevizy v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Fruit Dispatch Co. v. RussoMichigan Supreme Court · 1900
3Cited by4 opinions
- Zart v. Singer Sewing Machine Co.Michigan Supreme Court · 1910
- Welch v. Michigan Central RailroadMichigan Supreme Court · 1907
- Cron v. Toledo & Monroe RailwayMichigan Supreme Court · 1903
- Noack v. Williams, Davis, Brooks & Hinchman SonsMichigan Supreme Court · 1913