McMillan v. The B. & M. R. R. Co

• Decision Date: 18 June 1881
• Citation: McMillan v. The B. & M. R. R. Co, 9 N.W. 347, 56 Iowa 421 (Iowa 1881)
• Parties: MCMILLAN v. THE B. & M. R. R. CO
• Court: Iowa Supreme Court

9 N.W. 347

56 Iowa 421

MCMILLAN v. THE B. & M. R. R. CO

Supreme Court of Iowa, Des Moines

June 18, 1881

Appeal from Monroe District Court.

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.

AFFIRMED.

Henry L. Dashiell, for the appellant.

Perry & Townsend, for the appellee.

OPINION

DAY, J.

The defendant offered in evidence at the trial the deposition taken upon commission, of James Carpenter, who was the 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 by the provisions of section 3639 of the Code from testifying as to what occurred at the time of the accident. The objection was overruled and the deposition was read in evidence. This ruling of the court...