Williams v. Michigan Central Railroad
Michigan Supreme Court
This is an action brought hy the plaintiff against the defendants, in the Wayne County Court, to recover the value of certain horses killed by a locomotive and train of cars on the Railroad.
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This is an action brought hy the plaintiff against the defendants, in the Wayne County Court, to recover the value of certain horses killed by a locomotive and train of cars on the Railroad. The cause was submitted to the Court below, on a written statement of the facts, hy which it is admitted that the plaintiff resides about six miles south of the village of Wayne; that the horses in question, were his property, 'and that they strayed from his premises and were returning to Hamtramck, the place from which they had been previously taken; that they were on. the track of the Railroad near…
1Opinion of the Court
By the Court, Pratt, J.
The main question to be determined in this cause, is, whether upon the facts admitted by the case, the defendants are liable for the value of the horses tilled. By no principle of law can they bo rendered liable on such a state of facts.
The defendants are the legal owners of the railroad, having acquired it by purchase, and grant from the State. Whether their charter contains powers and privileges which weréumprovidently granted by the Legislature, is not a question to be considered here in deciding the case; but whether under their chartered rights, and in view of the…
2Cases cited8 opinions
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- Clark v. FootNew York Supreme Court · 1811
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