Fraam v. Grand Rapids & Indiana Railway Co.
Michigan Supreme Court
Error to Kent; Perkins, J. Trover by George Fraam against the Grand Rapids & Indiana Railway Company. A judgment for plaintiff is reviewed by defendant on writ of error. On September 26, 1908, at about 2 o’clock p. m., plaintiff, who was engaged in selling oriental goods, which he carried from place to place in a large suit case, entered defendant’s station at Kalamazoo intending to take defendant’s train to Grand Rapids.
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Error to Kent; Perkins, J. Trover by George Fraam against the Grand Rapids & Indiana Railway Company. A judgment for plaintiff is reviewed by defendant on writ of error. On September 26, 1908, at about 2 o’clock p. m., plaintiff, who was engaged in selling oriental goods, which he carried from place to place in a large suit case, entered defendant’s station at Kalamazoo intending to take defendant’s train to Grand Rapids. Upon inquiry, he found that the next train he could take would not leave until 4:20 p. m. Thereupon, he took his suit case to the baggage room in defendant’s station and…
1Opinion of the CourtBrooke, J.
(after stating the facts). It is contended by defendant that, in assuming to take charge of plaintiff’s suit case, it acted solely for the convenience of the plaintiff, and became bailee of his property for accommodation, and not for hire. That, therefore, defendant would not be liable except for wilful conversion or gross negligence.
We cannot agree with this view of the relations be. tween the parties. It may be true, as urged by defendant, that the fee charged (five cents) for the service performed is not much in excess of the value of the check attached to the article, but we are,…
2Cases cited5 opinions
- Knights v. PiellaMichigan Supreme Court · 1896
- Baehr v. DowneyMichigan Supreme Court · 1903
- Donlin v. McQuadeMichigan Supreme Court · 1886
- Hofer v. HodgeMichigan Supreme Court · 1884
- Ruggles v. FayMichigan Supreme Court · 1875
3Cited by10 opinions
- Nashville, Chattanooga & St. Louis Railway Co. v. WadeTennessee Supreme Court · 1912
- Jones v. Great Northern Railway Co.Montana Supreme Court · 1923
- Godfrey v. City of FlintMichigan Supreme Court · 1938
- Tatro v. Baker-Fisk-Hugill Co.Michigan Supreme Court · 1921
- Thomas Canning Co. v. Pere Marquette Railway Co.Michigan Supreme Court · 1920
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