Scougale v. Sweet
Citation | 82 N.W. 1061,124 Mich. 311 |
Court | Supreme Court of Michigan |
Decision Date | 29 May 1900 |
Parties | SCOUGALE SWEET. |
Error to circuit court, Shiawassee county; Sherman B. Daboll Judge.
Action by Monroe L. Scougale against John Sweet. Judgment for plaintiff, and defendant bring error. Reversed.
Plaintiff was sheriff of Shiawassee county, and resided in the city of Corunna. Defendant was a clergyman of the Methodist Episcopal Church, and resided in the city of Owosso. These two cities are about 2 3/4 miles apart, and connected by a street railway. About midway between the two is Caledonia Park. The main street in Corunna is about 1 3/4 miles from the park and the principal street in Owosso is about 1 mile from it. In three local newspapers (two dailies and one a weekly), on Saturday, appeared the following notices: 'It is expected that the Owosso Grays and the Bay City team will play ball on the new grounds near Caledonia Park on Sunday.' 'There will be a game of baseball to-morrow at the new ball grounds, near Caledonia Park.' Two of these papers were taken by plaintiff. The defendant on Saturday night, about 7 o'clock, called up the plaintiff by telephone, and conversed with him in regard to the game. The parties differ somewhat as to the conversation had between them. Defendant's version is as follows: 'On Saturday evening I called up the sheriff by Plaintiff's version of the conversation is as follows 'I remember the circumstances of Mr. Sweet calling me up by The ball ground had been arranged, seats prepared, and canvas stretched around the park. One Van Houten called up the sheriff on Saturday night, and told him he understood they were going to play ball there Sunday, and that he saw the canvas was up all around the park. Two or three days before the Sunday in question, Mr. Parshall, the manager of the Owosso ball club, saw plaintiff and the prosecuting attorney, and asked them about playing games on Sunday. Chandler said to Mr. Parshall, 'You better be careful.' Mr. Parshall, who was called as a witness for the plaintiff, testified: 'I told the sheriff and Mr Chandler that we intended to play a game of ball the next Sunday, and that Mr. Chandler said, 'You had better be careful." Plaintiff testified that Parshall did not tell him that the game was to be played. After receiving the notification from defendant and from Van Houten, plaintiff testified that he went some time that evening to Mr. Chandler's office, and did not find him. He did not go to his house, or make any further effort to see him and ask his opinion and advice in the matter. Plaintiff testified that he had not seen these notices in the papers, and that, after Mr. Sweet had notified him, he called up Mr. Parshall and told him that he had been notified that he (Parshall) was manager of the ball game, and was going to play a game on Sunday; that Parshall said, 'There was no such thing advertised, and he didn't know as they were going to play;' that he told him if he did play he did it at his own risk,--that he (plaintiff) would have to do his duty in the matter; that Parshall said, 'If there is a game to be played, I will let you know;' and that he (plaintiff) relied on the information furnished him by Parshall. On cross-examination plaintiff testified: Plaintiff further testified: That he lived a mile and three-quarters from the park. Did not remember where he was on Sunday afternoon. Was not in Owosso. That he did not see the canvas fence before the game was played. Did not notify any of his deputies. That he had two in Corunna, and an undersheriff and a deputy in Owosso. That all the measures he took to prevent the game was 'calling up the manager, and notifying him not to play.' Parshall's version of the conversation between him and plaintiff is substantially as follows: Parshall further testified, on cross-examination: 'I understood that the sheriff, as conservator of the peace, would be the man to prevent the violation of the law.' It was in view of this knowledge that Parshall asked the sheriff and Chandler what they thought about playing on Sunday. On redirect examination he gave the following testimony: 'I said the sheriff, when I talked with him by The game was played, and an admission fee charged; was attended by about 300 people; lasted 1 hour and 38 minutes; and was accompanied by the usual shouts and noise, which could be heard a long distance away. Parshall attended the game, and took charge of the proceeds. He did not notify the sheriff that the game would be played. The following week defendant published an open letter to the plaintiff in two local newspapers, reading as follows: ...
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