Thomas Canning Co. v. Southern Pacific Co.
Michigan Supreme Court
Error to Kent; McDonald (John S.), J. Case by the Thomas Canning Company against the Southern Pacific Company for damage to certain beans in transit. Judgment for plaintiff on a directed verdict. Defendant brings error. Plaintiff shipped from points in California to itself at Grand Rapids three car loads of beans. The dates of the shipments were January 8, 1917, March 19, 1917, and March 23, 1917. Defendant was the initial carrier.
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Error to Kent; McDonald (John S.), J. Case by the Thomas Canning Company against the Southern Pacific Company for damage to certain beans in transit. Judgment for plaintiff on a directed verdict. Defendant brings error. Plaintiff shipped from points in California to itself at Grand Rapids three car loads of beans. The dates of the shipments were January 8, 1917, March 19, 1917, and March 23, 1917. Defendant was the initial carrier. A uniform order bill of lading was issued for one of the cars. It contained in section 3 the following provisions: “Except where the loss, damage, or injury…
1Opinion of the CourtFellows, C. J.
(after stating the facts). The questions involved in this case are of outstanding importance and have required considerable research. The briefs of counsel have been very helpful, but in one particular they have not been as helpful as they might have been made, and as the fault is one quite common to the profession, we refer to it in passing. Several Federal statutes are here involved. In no instance has the official edition, the United States Statutes at Large, been cited. In citing unofficial editions, counsel in several instances have omitted giving the section or the page of the…
2Cases cited16 opinions
- Campbell v. HoltSupreme Court of the United States · 1885
- Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
- Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913
- Missouri Pacific Railroad v. AultSupreme Court of the United States · 1921
- Boston & Maine Railroad v. HookerSupreme Court of the United States · 1914
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3Cited by20 opinions
- Lockwood v. Commissioner of RevenueMichigan Supreme Court · 1959
- Evans Products Co. v. State Board of EscheatsMichigan Supreme Court · 1943
- Thomas v. Consumers Power Co.Michigan Court of Appeals · 1975
- Pigorsh v. FahnerMichigan Supreme Court · 1972
- Middle Atlantic Conference v. United StatesDistrict Court, District of Columbia · 1972
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