Legal Opinion

American Transportation Co. v. Moore

Michigan Supreme Court

Decided July 14, 1858PublishedCited by 19 opinions

Error to Wayne Circuit. The plaintiff in error was sued by the defendants in error, in an action of assumpsit, for the non-delivery of certain goods entrusted to the plaintiff in error, in New York, to he transported to the defendants in error, in Detroit, by way of Buffalo and Lake Erie.

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Error to Wayne Circuit. The plaintiff in error was sued by the defendants in error, in an action of assumpsit, for the non-delivery of certain goods entrusted to the plaintiff in error, in New York, to he transported to the defendants in error, in Detroit, by way of Buffalo and Lake Erie. The evidence shows the following facts: The plaintiff in error was a common carrier, having its business office in New York, and engaged in transporting goods for hire from New York to the western cities, by way of Hudson River, the Erie Canal, and the "Lakes. Prior to shipping any goods, Mr. Foote, one of…

1Opinion of the Court

Campbell J.:

The errors assigned in this ease añse upon the action of the Court below, in charging and in refusing to charge.

The requests, made by the defendant below (who is plaintiff in error), numbered one, two, and three, were properly refused by the Court.

Whether the mez-chants in New Yoz-k, shipping goods to. Moore, Foote & Co., had authority to make contracts for shipment on different terms from those ordinarily adopted by common carriers, was a question of fact; and the Court could not properly be asked to make any charge which should absolutely dispose of a fact in controversy. The…

2Cases cited5 opinions

  1. Gibbons v. OgdenSupreme Court of the United States · 1824
  2. The Propeller Genesee Chief v. FitzhughSupreme Court of the United States · 1852
  3. Elliott v. RossellNew York Supreme Court · 1813
  4. Robinson v. Rice & MooreMichigan Supreme Court · 1854
  5. Wallis v. ChesneyDistrict Court, D. Maryland · 1856

3Cited by19 opinions

  1. Mobile & Montgomery Railway Co. v. JureySupreme Court of the United States · 1884
  2. McMillan v. Mich. S. & N. I. R. R.Michigan Supreme Court · 1867
  3. People v. PowellMichigan Supreme Court · 1937
  4. Cuddy v. HornMichigan Supreme Court · 1881
  5. Labarge v. Pere Marquette RailroadMichigan Supreme Court · 1903

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