Mott v. Detroit, Grand Haven & Milwaukee Railway Co.

Montgomery, J.

We concur in the opinion of the Chief Justice, with the exception of what is said under the 4th heading. We think it settled by our decisions that exclamations of present suffering are admissible unless made to one in contemplation of his becoming a witness. Will v. Village of Mendon, 108 Mich. 251; Strudgeon v. Village of Sand Beach, 107 Mich. 496.

Moore and Long, JJ.', concurred with Montgomery, J. Hooker, J., did not sit.