Legal Opinion

Union Ice Co. v. Detroit & Mackinac Railway Co.

Michigan Supreme Court

Decided January 5, 1914No. Docket No. 3PublishedCited by 18 opinions

Error to Bay; Collins, J. Case by the Union Ice Company against the Detroit & Mackinac Railway Company for negligently setting fire to plaintiff’s icehouse. Judgment for plaintiff. Defendant brings error. On March 24, 1910, plaintiff’s icehouse, located a short distance north of Bay City, was destroyed by fire. The house, which was full of ice, stood between the right of way of defendant company and the lake shore.

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Error to Bay; Collins, J. Case by the Union Ice Company against the Detroit & Mackinac Railway Company for negligently setting fire to plaintiff’s icehouse. Judgment for plaintiff. Defendant brings error. On March 24, 1910, plaintiff’s icehouse, located a short distance north of Bay City, was destroyed by fire. The house, which was full of ice, stood between the right of way of defendant company and the lake shore. Its westerly end was distant from defendant’s main line track about 85 or 90 feet. Upon the day in question, a passenger train, running south, passed the icehouse at about 11…

1Opinion of the CourtBrooke, J.

(after stating the facts). The first assignment of error discussed in defendant’s brief relates to the testimony of Alvin E. Schmidt and to the admission of Exhibits B, C, and E with reference to which he gave evidence. It appears that the icehouse as originally constructed was 100 feet broad by 200 feet long. After plaintiff acquired the property, it caused to be erected, upon each side of the original structure, an addition 100x200, so that when it was destroyed the icehouse was a building 300x200. Witness Schmidt was in charge of the work when the additions were built. The exhibits in…

2Cases cited8 opinions

  1. Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
  2. Continental Insurance v. H. M. Loud & Sons Lumber Co.Michigan Supreme Court · 1892
  3. Clark v. Grand Trunk Western Railway Co.Michigan Supreme Court · 1907
  4. Peter v. Chicago & West Michigan Railway Co.Michigan Supreme Court · 1899
  5. Southern Bell Telephone & Telegraph Co. v. WattsCourt of Appeals for the Fourth Circuit · 1895

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

3Cited by18 opinions

  1. Washtenaw Mutual Fire Insurance v. BuddMichigan Supreme Court · 1919
  2. Robinson v. Township of WyomingMichigan Supreme Court · 1945
  3. Leitelt Iron Works Ex Rel. Michigan Mutual Liability Co. v. De VriesMichigan Supreme Court · 1963
  4. Grubaugh v. Simon J. Murphy Co.Michigan Supreme Court · 1920
  5. Heck v. HenneMichigan Supreme Court · 1927

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

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