Nelson Grain Co. v. Ann Arbor Railroad
Michigan Supreme Court
Error to Gratiot; Searl, J. Case by the Nelson Grain Company against the Ann Arbor Railroad Company for the wrongful delivery of goods shipped by plaintiff. Judgment for plaintiff. Defendant brings error. This case was tried by the court without a jury. His findings of fact and law follow: “ Findings of Fact.
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Error to Gratiot; Searl, J. Case by the Nelson Grain Company against the Ann Arbor Railroad Company for the wrongful delivery of goods shipped by plaintiff. Judgment for plaintiff. Defendant brings error. This case was tried by the court without a jury. His findings of fact and law follow: “ Findings of Fact. “ (1) That on the 1st and 6 th days of December, 1911, the defendant was and is still a common carrier of goods and engaged in interstate commerce business; and that the plaintiff at the time aforesaid was and still is a duly organized corporation engaged in business at Ithaca, Mich., in…
1Opinion of the CourtBrooke, J.
(after stating the facts). The bills of lading here considered are entirely unambiguous and show conclusively that Botsford & Barrett were the shippers and that the shipments were made to their order.
The evidence of Mr. Nelson, president and manager of the plaintiff corporation, does not in our opinion tend to contradict the bills of lading and (they being unambiguous) if it did so tend it would not be admissible under the authority of Sturges v. Railway Co., 166 Mich. 231 (181 N. W. 706).
The learned circuit judge in rendering judgment for plaintiff seems to have relied upon the case of…
2Cases cited6 opinions
- Forbes v. Boston and Lowell RailroadMassachusetts Supreme Judicial Court · 1882
- Socha v. Cudahy Packing Co.Nebraska Supreme Court · 1921
- Nebraska Meal Mills v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1897
- Gates v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1894
- Sturges v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Turnbull v. Michigan Central RailroadMichigan Supreme Court · 1914
- Kemper Mill & Elevator Co. v. HinesSupreme Court of Missouri · 1922
- Winget v. Grand Trunk Western Railway Co.Michigan Supreme Court · 1920
- Hines v. ScottTexas Supreme Court · 1923
- Thomas v. BlairMichigan Supreme Court · 1915
6 more not listed; retrieve them via the Exa API.