Legal Opinion

Swift v. Applebone

Michigan Supreme Court

Decided July 7, 1871PublishedCited by 16 opinions

Error to Oakland Circuit. This is an action of trespass brought by Isaac Applebone, a minor, by his next friend, Isaac Levi, against Samuel Swift and Henry Swift, to recover damages for personal injuries received by plaintiff from the dogs of defendants. The declaration contains three counts, the first and third of which are founded upon the common-law liability for such injuries, and the second is based upon the statute (§ 16J¡5, Comp.

Read the full summary

Error to Oakland Circuit. This is an action of trespass brought by Isaac Applebone, a minor, by his next friend, Isaac Levi, against Samuel Swift and Henry Swift, to recover damages for personal injuries received by plaintiff from the dogs of defendants. The declaration contains three counts, the first and third of which are founded upon the common-law liability for such injuries, and the second is based upon the statute (§ 16J¡5, Comp. L.), which provides that if any dog “ shall assault, bite or otherwise injure any person while traveling in the highway or out of the inclosure of the owner…

1Opinion of the CourtCooley, J.

Whatever objections may exist, in point of policy, to allowing the next friend of an infant plaintiff to be sworn as interpreter for a witness who does not speak the English language, we cannot say that in law it is erroneous. The old common-law rules which excluded parties and interested persons from being witnesses in civil cases, are now entirely done away with in this state; and though we think such a person ought not, except for very peculiar and satisfactory *258reasons, to be placed in the responsible position of interpreter, where the temptation to fraud might be great and the difficulty…

2Cited by16 opinions

  1. State v. KentNorth Dakota Supreme Court · 1895
  2. Broschart v. TuttleSupreme Court of Connecticut · 1890
  3. Hoyt v. JeffersMichigan Supreme Court · 1874
  4. State v. PowersSupreme Court of Iowa · 1917
  5. LaLone v. RashidMichigan Court of Appeals · 1971

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API