Van Camp v. Michigan Central Railroad
Michigan Supreme Court
Error to Berrien; Coolidge, J. Debt by Alberta E. Yan Camp against the Michigan Central Railroad Company for failure to transport, under 2 Comp. Laws, § 6235. There was judgment for plaintiff on a verdict directed by the court,, and defendant brings error. This suit was brought to recover the penalty of $100 provided by section 6235, 2 Comp.
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Error to Berrien; Coolidge, J. Debt by Alberta E. Yan Camp against the Michigan Central Railroad Company for failure to transport, under 2 Comp. Laws, § 6235. There was judgment for plaintiff on a verdict directed by the court,, and defendant brings error. This suit was brought to recover the penalty of $100 provided by section 6235, 2 Comp. Laws, for the failure of the defendant to transport the plaintiff, in accordance with her contract of carriage, without legal or just excuse. Her home was in Benton Harbor, Mich. She was attending school at Ypsilanti, Mich. She purchased a ticket June 24,…
1Opinion of the CourtGrant, J.
(after stating the facts). The statute is a penal one, and will not be enlarged by construction. Crosby v. Railroad Co., 131 Mich. 288 (91 N. W. 124).
In several cases we have discussed what constitutes a “legal and just excuse ” within the meaning of the statute. Freeman v. Railroad Co., 65 Mich. 577 (32 N. W. 833);. Reed v. Railway Co., 100 Mich. 507 (59 N. W. 144); Hoyt v. Railway Co., 112 Mich. 638 (71 N. W. 172).
The learned counsel for the defendant contend that the undisputed facts do not bring the case within the statute. They admit that the defendant had determined to put on this extra…
2Cases cited7 opinions
- Ohio & Mississippi R. W. Co. v. HattonIndiana Supreme Court · 1877
- Marshall v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1883
- Crosby v. Pere Marquette RailroadMichigan Supreme Court · 1902
- St. L., I. M. & S. Ry. v. AtchisonSupreme Court of Arkansas · 1885
- Freeman v. Detroit, Mackinac & Marquette RailroadMichigan Supreme Court · 1887
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3Cited by5 opinions
- Hayes v. Wabash RailroadMichigan Supreme Court · 1910
- Geer v. Michigan Central RailroadMichigan Supreme Court · 1905
- People v. ClobridgeMichigan Supreme Court · 1930
- People v. GansleyMichigan Supreme Court · 1916
- Robinson v. HarmonMichigan Supreme Court · 1908