74 Mich. 15 | Mich. | 1889
This is one of two cases brought to-recover damages arising out of the alleged burning of
The declaration is criticised, but we do not discover it has any failure to charge negligence, both as regards the condition of the locomotive, and as regards its management. And the charge of the court was sufficiently careful as to the circumstances under which liability would exist for the burning. -And we do not think that the charge, fairly construed, allowed the jury to resort to any knowledge peculiar to any of them of material facts. "What the court meant, and what they would naturally understand was meant, was no more than this: That the jury should apply to the testimony and the facts their own general intelligence and knowledge of affairs. This all sensible men are bound to do.
There was very strong testimony to the effect that the engine was in perfect order, and properly managed, and that no such scattering of fire as was charged was probable or possible. But there was, on the other hand, testimony equally positive of such an escape of fire as indicated both a defective spark-arrester and careless management. In such a conflict, we are not authorized to
But this case, although we have no right to assume it was open to suspicion, has brought to our attention some ■defects in the practice for which the circuit court is not responsible, and which seem to us important enough to point out. In numerous contested cases, involving claims for damages from negligence, as well as in other causes, the testimony has been taken by means of interpreters. In very many instances the conflict of testimony is such, as to indicate either more perjury than seems possible, or more likely incorrect renderings of testimony. Experience has shown in public as well as in legal business that great mischief has followed from incorrect interpretation. In several parts of our State the numbers are large of persons not familiar enough with our language to speak or comprehend what others say to them. This makes it necessary to employ the help of those who are supposed to understand both languages, and to be capable of transmitting correctly from each to the other all that, is said by either person dealing with another. But the danger