Legal Opinion

Lardie v. Manistee & Northeastern Railroad

Michigan Supreme Court

Decided June 1, 1916No. Docket No. 80PublishedCited by 10 opinions

Error to Grand Traverse; Mayne, J. Assumpsit by George W. Lardie and another, co-partners as George W. Lardie & Son, against the Manistee & Northeastern Railroad Company for breach of a contract to deliver certain goods. Judgment for plaintiffs on a verdict directed by the court. Defendant brings error.

1Opinion of the CourtKuhn, J.

(after stating the facts). Counsel contend that it is the settled rule in this State that a carrier, is not liable for damages to freight caused directly by an act of God, notwithstanding a negligent act or omission of the carrier concurred to cause the damage. Such has been the decision in numerous cases where the immediate cause of the injury was a sudden and unforeseen event, occurring after a delay in transportation. See McLane, Swift & Co. v. Elevator Co., 136 Mich. 664 (99 N. W. 875, 112 Am. St. Rep. 384); Rodgers v. Railway Co., 75 Kan. 222 (88 Pac. 885, 10 L. R. A. [N. S.] 658, 121…

2Cases cited6 opinions

  1. Hoadley v. Northern Transportation Co.Massachusetts Supreme Judicial Court · 1874
  2. Rodgers v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
  3. Michigan Central Railroad v. BurrowsMichigan Supreme Court · 1875
  4. Clark v. MooreMichigan Supreme Court · 1853
  5. Herring v. Chesapeake & Western RailroadSupreme Court of Virginia · 1903

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. A. F. Young & Co. v. Grand Rapids & Indiana Railway Co.Michigan Supreme Court · 1918
  2. Standard Pickle Co. v. Pere Marquette Railway Co.Michigan Supreme Court · 1923
  3. Ginsberg v. Wabash Railway Co.Michigan Supreme Court · 1922
  4. Close v. Missouri Pac. R. Co.Louisiana Court of Appeal · 1939
  5. Ithaca Roller Mills v. Ann Arbor RailroadMichigan Supreme Court · 1922

5 more not listed; retrieve them via the Exa API.

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