Thomson v. Flint & Pere Marquette Railroad
Michigan Supreme Court
Error to St. Clair; Vance, J. Ejectment by John W. Thomson, Jr., and Kate V. Calder against the Flint & Pere Marquette Railroad Company, the McMorran Milling Company, and the Chicago & Grand Trunk Railway Company. From a judgment against the first-named defendant, and in favor of the other defendants, plaintiffs bring error.
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Error to St. Clair; Vance, J. Ejectment by John W. Thomson, Jr., and Kate V. Calder against the Flint & Pere Marquette Railroad Company, the McMorran Milling Company, and the Chicago & Grand Trunk Railway Company. From a judgment against the first-named defendant, and in favor of the other defendants, plaintiffs bring error. Lots 41, 42, and 43 of the village of Peru, now city of Port Huron, are water lots fronting on the St. Clair river, lying adjoining to, and south of, Court street. Lot 40 is also a water lot, lying north of Court street, and owned by the McMorran Milling Company. Daniel…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. It is insisted that the proof of loss of the instrument was insufficient to justify the admission of secondary evidence. The question whether the loss has been sufficiently proved must be decided by the court at the trial. It is not a question for the jury. Those relying upon a lost document must estab*100fish the execution of the document, its loss, and a diligent but unsuccessful search for it in places where it is most likely to be found. 1 Greenl. Ev. (15th Ed.) § 558. Mr. Sanborn testified to the execution of the paper by Mr. Harrington; that it was brought to…
2Cases cited4 opinions
- Hagan v. Chicago, Detroit & Canada Grand Trunk Junction RailroadMichigan Supreme Court · 1891
- Michigan Pipe Co. v. Michigan Fire & Marine InsuranceMichigan Supreme Court · 1892
- Detroit, Hillsdale & Indiana Railroad v. ForbesMichigan Supreme Court · 1874
- Taylor v. AdamsMichigan Supreme Court · 1885
3Cited by4 opinions
- North v. NorthCourt of Appeals of Texas · 1927
- Gelder v. WelshMichigan Supreme Court · 1912
- Goodman v. GoodmanOhio Court of Appeals · 1926
- Ashbaugh v. HackettMichigan Supreme Court · 1946