Cowley v. Colwell

• Decision Date: 13 May 1892
• Citation: 91 Mich. 537,52 N.W. 73
• Court: Michigan Supreme Court
• Parties: COWLEY et al. v. COLWELL.

52 N.W. 73

91 Mich. 537

COWLEY et al. v. COLWELL.

Supreme Court of Michigan

May 13, 1892

Error to circuit court, Alcona county; WILLIAM H. SIMPSON, Judge.

Action by Bernard P. Cowley and Robert L. Lot against George L. Colwell. From a judgment for plaintiffs, defendant brings error. Reversed.

R. J. Kelley, for appellant.

W. E. Depew, (Frank Emerick, of counsel,) for appellees.

MORSE, C.J.

This case differs but little from McNally v. Colwell, 52 N.W. 70, and must be governed by it. The question of the intoxication of the engineer and fireman, and their use of liquor, was practically eliminated from the case by the circuit judge. Fault is found that he did not expressly instruct the jury that they should not consider the testimony, in making up their verdict, as to the use of liquor by these men; but the jury were clearly told that they only had one question to consider, and that was as to the appliances kept in the mill to prevent fires. For the reasons stated in McNally v. Colwell the judgment in this case must be reversed, and a new trial granted, with costs of this court to defendant. The other justices concurred.