NORTHWESTERN UNION PACKET CO.
v.
VILES
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Northwestern Union Packet Company challenged a judgment against it, raising the same evidentiary errors present in a related case the Court had just decided against the company involving similar parties. The Supreme Court reversed the judgment, finding that the trial court erred in rejecting Turner's deposition and admitting the captain's statements to Mrs. Clough, particularly where those statements appeared to have occurred after the plaintiff had ceased being a passenger.
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Mr. Justice Strong delivered the opinion of the court.
The errors assigned in this case are the same as those which were considered in the case of these plaintiffs against Clough and wife, just decided, except that some assigned in that case have riot been assigned in this. The rejection of Turner’s deposition, and the admission of the captain’s declarations to Mrs. Clough are the only matters now brought to our attention. We need add nothing to what we have said in the former case. The same reasons that required the reversal of the judgment obtained by Clough and his wife require the reversal of this judgment. Indeed the error here is more apparent. It does not appear that the conversation of the captain with Mrs. Clough occurred before the plaintiff left the boat, and before the relation as a passenger to the defendants or to the captain had ceased. In fact, the contrary appears.
Mr. John W. Gary and Mr. J. P. G. Cottrell for plaintiff in error. Mr. M. H. Carpenter for defendant in error. The judgment of the Circuit Court is reversed, and a venire de novo is directed. Reversed.