McMillan v. B. & M. R. R.
Supreme Court of Iowa
-Appeal from Monroe JDistriet Oourt. This action was commenced on the fourth day of September, 1872, to recover of the defendant damages for the alleged killing of George W. McMillan, on the 19th day of October, 1870. The cause was tried to a jury at the May term, 1880, of the Monroe District Court. The trial resulted in a verdict and judgment for the defendant. The plaintiff appeals. The material facts are stated in the opinion.
1Opinion of the CourtDay, J.
Objection'to: practice?11 ’ -The defendant offered in evidence at the trial the deposition, taken upon commission, of James Carpenter, w^° was ^ie engineer in charge of the defendant’s train at the time and place that the accident happened. In this deposition the witness details all the circumstances attending the management of the train at the time the injury was inflicted which resulted in the death of George * "W. McMillan. "When this deposition was offered the plaintiff objected to the admission of it in evidence upon the ground that Carpenter was an interested witness, and disqualified…
2Cases cited1 opinion
- Greedy v. McGeeSupreme Court of Iowa · 1881
3Cited by2 opinions
- Brackett v. NikirkAppellate Court of Illinois · 1887
- Eldridge v. ComptonSupreme Court of Oklahoma · 1911