Hawkins v. Great Western R. R.
Michigan Supreme Court
Error to Wayne Circuit. This Avas an action brought against the defendant as carriers to recover damages for an alleged injury to certain horses Avliile in transit on their road. The plea Avas the general issue.
Read the full summary
Error to Wayne Circuit. This Avas an action brought against the defendant as carriers to recover damages for an alleged injury to certain horses Avliile in transit on their road. The plea Avas the general issue. The injury resulted from a defect in the floor of the cars, by means of Avliich the bottom dropped out, and the horses Avere injured. • On the trial, the defendant’s counsel introduced in evidence, under objection, a shipping bill, signed by tlie plaintiffs, containing, among other conditions, that “Tlie oAvner of tlie Avitliin-mentioned animals undertakes all risk of loss, injury,…
1Opinion of the Court
Campbell J.
Plaintiff shipped, certain horses over the railway of the defendants, under a contract which provided that the owners took all risks of loss, injury, damage, and other contingencies “in loading, unloading, conveyance, and otherwise, whether arising from the negligence, default, or misconduct, gross or culpable, or otherwise, on the ptirt of the railway company’s servants, agents, or officers.” The contract contained a further provision that, when free passes were given to persons in charge of animals, or to their owners or consignees, the company should not be responsible for any *62ne…
2Cited by24 opinions
- Ohio & Mississippi Railway Co. v. SelbyIndiana Supreme Court · 1874
- Brooks v. CookMichigan Supreme Court · 1880
- Ex Parte RoquemoreCourt of Criminal Appeals of Texas · 1910
- Beard & Sons v. Illinois Central Railway Co.Supreme Court of Iowa · 1890
- Ex Parte MuckenfussCourt of Criminal Appeals of Texas · 1908
19 more not listed; retrieve them via the Exa API.