Loveland & Hinyan Co. v. Waters
Michigan Supreme Court
Error to Kent; Perkins, J. Assumpsit by Loveland & Hinyan Company, a corporation, against Dudley E. Waters and another, receivers of the Pere Marquette Railroad Company, , for damages for delay in transit of two carloads of potatoes. Judgment for plaintiff. Defendants bring error.
1Opinion of the CourtBird, J.
On April 4, 1912, plaintiff delivered to the Pere Marquette Railway Company at Hart two carloads of potatoes, consigned to Clarksburg, W. Va., subject to its own order. The potatoes had been sold to S. C. Watkins & Co. for $1.48 a bushel. The bill of lading provided for notice on arrival to Watkins & Co., and also permitted inspection. One car arrived at its destination on April 13th, and the other on the 15th. Watkins & Co. were notified, but they refused to accept them. The potatoes were subsequently sold for $1.20 a bushel on the Clarksburg market. Plaintiff seeks by this suit to recover…
2Cases cited1 opinion
- Lyons v. Grand Trunk Railway Co.Michigan Supreme Court · 1915
3Cited by4 opinions
- A. F. Young & Co. v. Grand Rapids & Indiana Railway Co.Michigan Supreme Court · 1918
- Van Lierop v. Chesapeake & Ohio Railway Co.Michigan Supreme Court · 1953
- Purity Ice Cream & Dairy Co. v. Adams Express Co.Michigan Supreme Court · 1922
- Marks Manufacturing Company v. New York Central Railroad Co., a Delaware CorporationCourt of Appeals for the Sixth Circuit · 1971