Larzelere v. Kirchgessner
Michigan Supreme Court
Error to Lenawee. (Peck, J., presiding.) Case. Defendant brings error. The facts .are stated in the opinion. 1. The jury had no right to consider the fact that the plaintiff had children, for the purpose of increasing her damages; citing Bosecrants v. Shoemaker, 60 Mich. 4. 3. The court erred in allowing a recovery of exemplary damages, there being no such willful, wanton, or reckless conduct on the part of defendant as to justify then- imposition; citing Kreiter v. Nichols,…
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Error to Lenawee. (Peck, J., presiding.) Case. Defendant brings error. The facts .are stated in the opinion. 1. The jury had no right to consider the fact that the plaintiff had children, for the purpose of increasing her damages; citing Bosecrants v. Shoemaker, 60 Mich. 4. 3. The court erred in allowing a recovery of exemplary damages, there being no such willful, wanton, or reckless conduct on the part of defendant as to justify then- imposition; citing Kreiter v. Nichols, 28 Mich. 496; Ganssly v, Perkins, 30 Id. 492. 3. Under a proper declaration, exemplary damages should be allowed if…
1Opinion of the CourtChahplin, J.
The plaintiff is the wife of George Larzelere, who. came to his death on October 26, 1885, by falling from a wagon loaded with lumber upon which he was riding. He was a farmer, and had been married to the plaintiff about 12 years, and was 44 years of age at the time of his death, at which time the plaintiff's age was 33. His health was good, he was a strong man, and provided well for his family. He was in the habit-of drinking intoxicating liquors. He was not a bad drinking man at the time of his marriage, but gradually grew worse until the time of his death. Plaintiff testified that he came…
2Cases cited1 opinion
- Detroit Daily Post Co. v. McArthurMichigan Supreme Court · 1868
3Cited by16 opinions
- Boydan v. HaberstumpfMichigan Supreme Court · 1901
- Thomas v. DansbyMichigan Supreme Court · 1889
- Weiser v. WelchMichigan Supreme Court · 1897
- Johnson v. SchultzMichigan Supreme Court · 1889
- Johnson v. GrondinMichigan Supreme Court · 1912
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