Turner v. Township of Ridgeway

• Decision Date: 21 May 1895
• Citation: 63 N.W. 406,105 Mich. 409
• Court: Michigan Supreme Court
• Parties: TURNER v. TOWNSHIP OF RIDGEWAY.

63 N.W. 406

105 Mich. 409

TURNER v. TOWNSHIP OF RIDGEWAY.

Supreme Court of Michigan

May 21, 1895

Error to circuit court, Lenawee county; Victor H. Lane, Judge.

Action by Myra M. Turner against the township of Ridgeway for personal injury. From a judgment for plaintiff, defendant brings error. Affirmed.

Wood & Bird, for appellant.

Watts Bean & Smith, for appellee.

MONTGOMERY J.

Plaintiff recovered a verdict of $1,300 for injuries sustained by being thrown from a carriage on a highway in defendant township, under circumstances which the jury held established negligence on the part of defendant, under a charge which is not excepted to. Defendant brings the case here, assigning error on the admission of testimony and on the language of counsel in summing up the case to the jury.

The declaration charged that plaintiff was injured in her spine and when she was on the stand she was asked by her counsel "How was your period affected by this?" The question was objected to, on the ground that no uterine trouble was alleged in the declaration, whereupon counsel for plaintiff stated that he expected to show a displacement of the womb, and was permitted to proceed on the supposition that he would also show that the uterine difficulty was traceable to the injury to the spine. Some time after this testimony was introduced counsel for plaintiff stated: "There has been some testimony put into this case in regard to the uterine difficulty of this plaintiff. It was our understanding that that was the result of the injury to the spine, but I am informed by the doctor that that does not necessarily follow, and I ask leave to strike out all of that testimony, and withdraw it from the jury, or else I desire to amend the declaration by alleging the injury across the abdomen." "Mr. Wood: We certainly would object. Mr. Bean: I think that I will withdraw the testimony in regard to any uterine difficulty, or any injury to the uterus or displacement of the womb. Mr. Wood: We desire an exception, if not already taken, to the introduction of this evidence. It is a very unsatisfactory way to defend, to have testimony of this nature introduced and then withdrawn; although I am not charging counsel with bad faith, or anything of that kind." "The court: The only thing the court can do is to permit it to be withdrawn." Dr. Eccles was then called to the stand by the plaintiff, and, on his cross-examination, defendant's counsel drew out the fact that plaintiff had uterine trouble, and asked the following question: "Was that uterine trouble in any way connected with this concussion of the spine? A. No, sir. Q. It had nothing to do with it? A. No, sir. *** Q. What effect would this uterine trouble...