Bay City & East Saginaw Railroad v. Austin
Michigan Supreme Court
Error to Saginaw Circuit. This was an action on the case brought by David M. Austin in the Circuit Court for the County of Saginaw, agaiust the Bay City & East Saginaw Railroad Company.
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Error to Saginaw Circuit. This was an action on the case brought by David M. Austin in the Circuit Court for the County of Saginaw, agaiust the Bay City & East Saginaw Railroad Company. The plaintiff set forth in his declaration the corporate character of the defendant; the location of its road, its duty under the statute to erect and maintain fences along the sides of its road, and the neglect of this duty, in consequence of which, a horse of the plaintiff’s, straying upon the road, was killed. The defendant pleaded the general issue. On the trial it appeared that the road whore the injury…
1Opinion of the CourtGraves, J.
On the 12th of August, 1868, a horse belonging to the defendant in error was run over and killed by an engine of the Flint & Pere Marquette Company on the road of the plaintiffs in error, and this suit was brought by Austin to recover for the injury. On the 22d of June, 1869, a verdict was given in his favor for $212.04, and on the 9th of October thereafter, the Court, on his motion, awarded judgment for double that sum. While it appears by the bill of exceptions that the plaintiffs in error owned the road, it alsq appears that under a contract between them and certain officers and…
2Cases cited6 opinions
- Seymour v. McCormickSupreme Court of the United States · 1854
- Tracy v. . the Troy and Boston R.R. Co.New York Court of Appeals · 1868
- Suydam v. MooreNew York Supreme Court · 1850
- Gardner v. SmithMichigan Supreme Court · 1859
- Washburn v. FranklinNew York Supreme Court · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Rookledge v. GarwoodMichigan Supreme Court · 1954
- Willcox v. EdwardsCalifornia Supreme Court · 1912
- Breitung v. LindauerMichigan Supreme Court · 1877
- Wylie v. City Commission of Grand RapidsMichigan Supreme Court · 1940
- Atwood v. BuckinghamSupreme Court of Connecticut · 1905
19 more not listed; retrieve them via the Exa API.