McMillan v. Mich. S. & N. I. R. R.
Michigan Supreme Court
Cases brought up for review from. Wayne Circuit. These were three actions on the case brought against defendants as common carriers, to recover the value of certain goods burned while in their depot at Detroit, in April, 1866. The defendants pleaded the general issue. The cases were heard together without a jury, on stipulations.
Read the full summary
Cases brought up for review from. Wayne Circuit. These were three actions on the case brought against defendants as common carriers, to recover the value of certain goods burned while in their depot at Detroit, in April, 1866. The defendants pleaded the general issue. The cases were heard together without a jury, on stipulations. The following is the one signed in the McMillan case: “ On the trial of this cause the following facts shall be received and taken as admitted, subject, however, to all objections as to relevancy and competency.
1Opinion of the Court
Cooley J.
The first question to be considered in this case is, whether the defendants, in respect to the business transacted by them on the line of the Detroit, Monroe and Toledo Railroad, are subject to the liabilities imposed by the general railroad law of the state, under which the road named was constructed, or may claim the benefit of such exemptions as are contained in their original charter. As the charter expressly provides that for goods in deposit, awaiting *101delivery, the company shall be liable as warehousemen only — Laws 1846, p. 185 — and contains no prohibitory clauses which would…
2Cases cited35 opinions
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- York Company v. Central RailroadSupreme Court of the United States · 1866
- Perrine v. Chesapeake & Delaware Canal Co.Supreme Court of the United States · 1850
- Farmers' & Mechanics' Bank v. Champlain Transportation Co.Supreme Court of Vermont · 1851
- Bradley v. New-York & New-Haven Rail-RoadSupreme Court of Connecticut · 1851
30 more not listed; retrieve them via the Exa API.
3Cited by73 opinions
- Terrien v. ZwitMichigan Supreme Court · 2002
- American Railway Express Co. v. LindenburgSupreme Court of the United States · 1923
- Cebulak v. LewisMichigan Supreme Court · 1948
- Bloomfield Estates Improvement Ass'n, Inc. v. City of BirminghamMichigan Supreme Court · 2007
- Dietrich v. United States Shipping Board Emergency Fleet Corp.Court of Appeals for the Second Circuit · 1925
68 more not listed; retrieve them via the Exa API.