Michigan Southern & Northern Indiana Railroad v. McDonough
Michigan Supreme Court
Error to Hillsdale Circuit. This was au action of assumpsit brought by John McDonough and Chauncey Andrews, in the Circuit Court for the County of Hillsdale, against the Michigan Southern and Northern Indiana Bailroad Company for damages sustained by the plaintiffs for the non-performance of a contract to carry live stock from Hillsdale, Osseo and Coldwater, to Detroit.
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Error to Hillsdale Circuit. This was au action of assumpsit brought by John McDonough and Chauncey Andrews, in the Circuit Court for the County of Hillsdale, against the Michigan Southern and Northern Indiana Bailroad Company for damages sustained by the plaintiffs for the non-performance of a contract to carry live stock from Hillsdale, Osseo and Coldwater, to Detroit. The plaintiffs declared specially upon the liability of the defendants as common carriers, and their legal obligation, as such, to carry safely one hundred head of cattle and one hundred head of hogs delivered to them for that…
1Opinion of the CourtChristiancy, J.
This was an action of assumpsit, brought by the defendants in error, against the railroad company.
The first count of the plaintiffs’ declaration alleges a contract by which the company undertook and promised the plaintiffs to take care of, and safely and securely, and without unnecessary or unreasonable delay, to carry and convey certain cattle and certain hogs, from Coldwater, in this State, to Detroit, and there safely, securely, expeditiously, and without unnecessary and unreasonable delay, to deliver the same to the plaintiffs; and alleged as a breach, substantially, that defendants did…
2Cases cited7 opinions
- Sisson v. Cleveland & Toledo RailroadMichigan Supreme Court · 1866
- Farmers' & Mechanics' Bank v. Champlain Transportation Co.Supreme Court of Vermont · 1851
- Clarke v. . the Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1856
- Kimball v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Hawkins v. Great Western R. R.Michigan Supreme Court · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Felgner v. AndersonMichigan Supreme Court · 1965
- Terre Haute & Logansport Railroad v. SherwoodIndiana Supreme Court · 1892
- Kansas Pacific Rly. Co. v. Nichols, Kennedy & Co.Supreme Court of Kansas · 1872
- Carolina, Clinchfield & Ohio Railroad v. Unaka Springs Lumber Co.Tennessee Supreme Court · 1914
- Mann v. Pere Marquette RailroadMichigan Supreme Court · 1903
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