Detroit & Milwaukee R. W. Co. v. Adams
Michigan Supreme Court
Error to Oakland Circuit. This action was brought against plaintiffs in error to recover the value of one sack of wool alleged to have been delivered to them, as carriers, for transportation.
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Error to Oakland Circuit. This action was brought against plaintiffs in error to recover the value of one sack of wool alleged to have been delivered to them, as carriers, for transportation. Judgment was rendered in the court below for plaintiff (defendant in error). The facts are stated in the opinion. ¿ Until the shipping request was sent and directions were given to ship the wool, it being retained at the request of the plaintiffs, the company did not assume the liability of common carriers. — 4 Allen 520; 5 Mich. 420; 7 Id. 515; 2 Pars, on Cont. (5th Pd.) 179; Angelí on Carriers. §134;…
1Opinion of the Court
Christiancy J.
This was an action brought by defendants in error against the company, in a justice’s court, to recover the value of one sack of wool, alleged to have been delivered to them as common carriers, for transportation.
The justice found the defendants below liable for the wool as common carriers. The proof of the loss was clear and uncontradicted, and that it occurred before the balance of the wool (of which it was a part) was shipped from the depot of the defendants.
And if there was evidence before the justice tending to show that the wool was delivered to, and accepted by the…
2Cited by2 opinions
- Meloche v. Chicago, Milwaukee & St. Paul Railway Co.Michigan Supreme Court · 1898
- Chicago & West Michigan Railway Co. v. HullAppellate Court of Illinois · 1898