Cummings v. Stone
Michigan Supreme Court
Error .to Wayne Circuit. The • action was assumpsit, and the case was tried by ■a jury. On the trial, the following facts appeared in evidence: The plaintiff, in the summer of 1861, was the owner and ■master of a tug-boat, with which he was engaged in towing vessels through the Detroit and St. Clair Rivers. ■Some time during said summer he entered into an agreement with defendant, (plaintiff in error,) by which he undertook to tow a raft of lumber, from the mouth of Black…
Read the full summary
Error .to Wayne Circuit. The • action was assumpsit, and the case was tried by ■a jury. On the trial, the following facts appeared in evidence: The plaintiff, in the summer of 1861, was the owner and ■master of a tug-boat, with which he was engaged in towing vessels through the Detroit and St. Clair Rivers. ■Some time during said summer he entered into an agreement with defendant, (plaintiff in error,) by which he undertook to tow a raft of lumber, from the mouth of Black River, in St. Clair. County, to the city of Detroit. After towing- the raft out of Black River into 'St. Clair River, the…
1Opinion of the Court
Campbell J.:
Plaintiff below having undertaken to tow a raft belonging to defendant below, the tug slackened speed at some place in St. Clair River, and, on starting again, the ’tow-line, which- had dipped into the water, and sunk some distance, caught. and drew up an anchor and chain of considerable value, which were subsequently secured, and put on the raft, by the owner and hands of the latter. It is alleged, and evidence was introduced to show, that Cummings, the raft owner, agreed to sell the property, and divide the proceeds, and that he had sold the chain. The action was brought to…
2Cited by4 opinions
- Swart v. KimballMichigan Supreme Court · 1880
- Weeks v. HackettSupreme Judicial Court of Maine · 1908
- Kling v. FriesMichigan Supreme Court · 1876
- Felt v. Carr, Pennsylvania Court of Common Pleas, Philadelphia County1947