Fremont Canning Co. v. Pere Marquette Railroad
Michigan Supreme Court
Error to Newaygo; Barton, J. Case by the Fremont Canning Company against the Pere Marquette Railroad Company for damages to freight, delay in shipments and in providing cars, etc. Judgment for plaintiff. Defendant brings error.
1Opinion of the CourtStone, J.
This is an action of assumpsit brought to recover damages upon three separate and distinct causes of action, which are set forth in three separate counts. Counsel upon both sides, in presenting the questions to be considered, have treated the counts separately, and we will attempt to pursue that course in disposing of the case.
In and by the first count of the plaintiff’s declaration it alleges that in 1911 it was engaged in carrying on the business of canning fancy fruits and vegetables, and also buying and selling fruits at wholesale and in car lots, and had its principal place of business…
2Cases cited3 opinions
- Sisson v. Cleveland & Toledo RailroadMichigan Supreme Court · 1866
- McRoberts v. LyonMichigan Supreme Court · 1889
- Wolkins v. KnightMichigan Supreme Court · 1903
3Cited by2 opinions
- Fisher & Ball v. CarterSupreme Court of Iowa · 1916
- Coad v. Pennsylvania Railway Co.Supreme Court of Iowa · 1919