Marquette, Houghton & Ontonagon Railroad v. Langton

CAMPBELL, J:

Defendants in error sued plaintiffs in error for damages for not safely carrying and delivering certain hay from Marquette to Negaunee. The hay was found to be wet and damaged, and a portion was not carried at all, but left at Marquette. The carriage was by the Marquette and Ontona-gon Railroad Company, which afterwards became consolidated with another company into the corporation which is a party to this suit.

The- declaration averred nothing concerning the old company, but charged the transaction as having been with the present corporation. This was claimed on the trial to have…