Cleveland & Toledo R. R. v. Perkins
Michigan Supreme Court
Error to Lenawee Circuit. The defendant in error sued the Railroad Company to recover damages caused by an alleged unreasonable delay on the transportation of cattle, received by them at Toledo, to be transferred to Cleveland; 'and destined to New York. The -jury rendered a verdict for plaintiff for $555. The cattle were received on the 12th of February.
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Error to Lenawee Circuit. The defendant in error sued the Railroad Company to recover damages caused by an alleged unreasonable delay on the transportation of cattle, received by them at Toledo, to be transferred to Cleveland; 'and destined to New York. The -jury rendered a verdict for plaintiff for $555. The cattle were received on the 12th of February. On the 14th of February following, duplicate contracts were executed for their transportation, and one was delivered to Perkins; each party signing his own contract; but the cattle were not forwarded until the 16th of February. Numerous…
1Opinion of the Court
Coo rev Oh. J.
Of the exceptions appearing in the record, we shall notice those only Avhich are relied upon in the brief for the plaintiffs in error.
First: That the Circuit Judge erred in alloAV'ing the contract held by Perkins to be read in evidence, before the duplicate, in the hands of the Bail Boad Company, had been produced, or its absence accounted for. This Ave think not Avell taken. The contract signed by the company was deliArered to Perkins as the evidence of their undertaking and liability; and there is no occasion for him, Avhen he is seeking to enforce their obligation, to call…
2Cases cited2 opinions
- Sisson v. Cleveland & Toledo RailroadMichigan Supreme Court · 1866
- Michigan Southern & Northern Indiana Railroad v. ShurtzMichigan Supreme Court · 1859
3Cited by23 opinions
- Hopt v. UtahSupreme Court of the United States · 1887
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Hudson & Co. v. Northern Pacific Railway Co.Supreme Court of Iowa · 1894
- St. Louis & San Francisco Railroad v. PearceSupreme Court of Arkansas · 1907
- International Harvester Co. of America v. ElfstromSupreme Court of Minnesota · 1907
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