Legal Opinion

L. Starks Co. v. Michigan Central Railroad

Appellate Court of Illinois

Decided October 2, 1917No. Gen. No. 23,070PublishedCited by 5 opinions

Appeal from the Municipal Court of Chicago; the Hon. Hugh J. Kearns, Judge, presiding. Heard in this court at the March term, 1917.

1Opinion of the CourtJustice McSurely

Plaintiff, bringing suit under the Carmack Amendment to the Act to Regulate Commerce, to recover for alleged damages to a shipment of goods, was met by a motion to strike its statement of claim on the ground that it failed to state any cause of action against defendant. The trial court acted favorably upon this motion and, plaintiff standing by its statement, the suit was ordered dismissed. Plaintiff appeals to this court asserting the sufficiency of the claim.

By its. statement of claim plaintiff alleged that at Mattawan, Michigan, it delivered to the defendant one car of potatoes of the…

2Cases cited1 opinion

  1. Northern Pacific Railway Co. v. WallSupreme Court of the United States · 1916

3Cited by5 opinions

  1. Central of Georgia Railway Co. v. CouncilSupreme Court of Georgia · 1927
  2. Hartzell v. Cincinnati, Hamilton & Dayton Railway Co.Appellate Court of Illinois · 1920
  3. Wald-Green Food Corp. v. Acme Fast Freight, Inc.City of New York Municipal Court · 1951
  4. Bruner v. Grand Trunk Western Railway Co.Appellate Court of Illinois · 1925
  5. Gentile Bros. v. Atlantic Coast Line RailroadSupreme Court of Florida · 1928

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