Bowen v. Detroit United Railway
Michigan Supreme Court
Error to Wayne; Webster (Arthur), J. Assumpsit in justice’s court by William T. Bowen against the Detroit United Railway for the conversion of certain coal. There was judgment for plaintiff, and defendant appealed to the circuit court. Judgment for plaintiff on a directed verdict. Defendant brings error. On February 19, 1917, there arrived in Detroit over the Michigan Central railroad two car loads of coal consigned to the plaintiff.
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Error to Wayne; Webster (Arthur), J. Assumpsit in justice’s court by William T. Bowen against the Detroit United Railway for the conversion of certain coal. There was judgment for plaintiff, and defendant appealed to the circuit court. Judgment for plaintiff on a directed verdict. Defendant brings error. On February 19, 1917, there arrived in Detroit over the Michigan Central railroad two car loads of coal consigned to the plaintiff. Through an error of the railroad one car (No. 30020), containing 44 gross or long tons of 2,240 pounds, was switched upon the Harper avenue siding at the…
1Opinion of the CourtBrooke, J.
{after stating1 the facts). It is the contention of the defendant in this court that a judgment should have been directed against it only for the amount of the contract price it was then paying for coal of a similar character ($6.10 per long ton). As sustaining this position, counsel cite Woodward’s “Law of Quasi Contracts,” at pages 4 and 5, where it is said,
“The legal obligation arising, without reference to the assent of the obligor, from the receipt of a benefit the retention of which is unjust, and requiring the obligor to make restitution. * * *
“They require that the obligee shall be…
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