Legal Opinion

Michigan Central Railroad v. Hale

Michigan Supreme Court

Decided January 13, 1859PublishedCited by 13 opinions

Error to Jackson Circuit. Hale and Smith brought assumpsit against the Michigan Central Railroad Company, for the value of certain wheat delivered to the Company as common carriers, to be carried by them from Grass Lake to the city of Detroit.

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Error to Jackson Circuit. Hale and Smith brought assumpsit against the Michigan Central Railroad Company, for the value of certain wheat delivered to the Company as common carriers, to be carried by them from Grass Lake to the city of Detroit. Upon the trial, the following facts appeared in evidence: In and prior to November, 1850, defendants (below) were common carriers, incorporated by an act of the Legislature of the State of Michigan, approved March 28th, 1846. As such common carriers, prior to the night of November 18th, 1850, they received from plaintiffs 1803 and 34-60ths bushels of…

1Opinion of the Court

Martin Ch. J.:

The first question presented in this case is, whether, after goods transported by the Railroad Company have arrived at *251their place of consignment, and have been deposited in such Company’s warehouse, according to the usual course of business, the Company’s liability, from the time of so depositing them, would be that of warehousemen, or that of common carriers. The consideration of this question necessarily involves that of the second presented in this case, viz., the construction and effect of the sixteenth section of the Company’s charter, — as this last contains really no…

2Cases cited4 opinions

  1. Hollister v. NowlenNew York Supreme Court · 1838
  2. American Transportation Co. v. MooreMichigan Supreme Court · 1858
  3. Rome Rail Road v. Sullivan, Cabot & Co.Supreme Court of Georgia · 1853
  4. Michigan Central Railroad v. WardMichigan Supreme Court · 1853

3Cited by13 opinions

  1. McMillan v. Mich. S. & N. I. R. R.Michigan Supreme Court · 1867
  2. Missouri, Kansas & Texas Railway Co. v. CarterCourt of Appeals of Texas · 1895
  3. Railway Co. v. CravensSupreme Court of Arkansas · 1892
  4. St. Louis S. F. R. Co. v. CopelandSupreme Court of Oklahoma · 1909
  5. Lake Shore & Michigan Southern Railroad v. PerkinsMichigan Supreme Court · 1872

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