Kibby v. Michigan Central Railroad
Michigan Supreme Court
Error to Ingham; Wiest, J. Assumpsit by Myron T. Kibby against the Michigan Central Eailroad Company for breach of a contract to transport certain potatoes. There was judgment for plaintiff, and defendant brings error.
1Opinion of the CourtHooker, J.
On November 4, 1902, the plaintiff shipped from Lansing, Michigan, to the State' of Georgia, a car load of potatoes, in a car furnished by defendant for the trip. It was agreed that plaintiff should go in the car to keep fire, if necessary, to prevent the potatoes from freezing. It was stipulated that the car should be sent to Jackson, over defendant’s road, and it was to be forwarded from there over connecting roads agreed upon. A shipping order was signed by plaintiff, which by its terms provided:
*314“ It is mutually agreed, as to each carrier of all or any of said property over all or any…
2Cases cited11 opinions
- Fox v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1889
- Smith v. American Express Co.Michigan Supreme Court · 1896
- Black v. WalterMichigan Supreme Court · 1890
- Norfolk & Western Railroad v. Harman & CrockettSupreme Court of Virginia · 1895
- Shea v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Minnesota · 1896
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