Legal Opinion

Grand Rapids Terminal Belt Railway Co. v. Waters

Michigan Supreme Court

Decided September 27, 1917No. Docket Nos. 72, 73Published

Error to Kent; Lamb, J., presiding. Assumpsit by the Grand Rapids Terminal Belt Railway Company against Dudley E. Waters and another, receivers of the Pere Márquette Railroad Company, and against the Pere Marquette Railroad Company for trackage service. By stipulation the cases were tried as one. Judgment for defendants. Plaintiff brings error.

1Opinion of the CourtBrooke, J.

The issue in these two cases was tried by the court without a jury, who made the following findings of fact and conclusions of lav/:

“Findings of Fact.
“The plaintiff is a Michigan corporation, having been organized under and by virtue of our laws in the month of December, 1905. The defendant, the Pere Marquette Railroad Company, is a corporation, and a recognized common carrier in both intra and interstate commerce.
“Early in the year 1905, the Acme Cement Plaster Company completed its Grand Rapids plant. This plant is located about 1% miles from the main tracks of the Pere Marquette and Lake…

2Cases cited5 opinions

  1. Woods v. AyresMichigan Supreme Court · 1878
  2. CRANE IRON WORKS v. United StatesCommerce Court · 1912
  3. Grand Rapids & Indiana Railway Co. v. Michigan Railroad CommissionMichigan Supreme Court · 1914
  4. McCain v. SmithMichigan Supreme Court · 1912
  5. Franck v. McGilvrayMichigan Supreme Court · 1906

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