Day v. Owen
Michigan Supreme Court
Error to "Wayne Circuit. The action was case against the defendant as a common carrier. The first count in the declaration alleged that the defendant was the owner of the steamer Arrow, plying between Detroit and Toledo, and that the plaintiff applied on board of said steamboat for a cabin passage from Detroit to Toledo, and offered to pay for the same, which was averred to be a usual mode of conveyance of passengers upon said boat; that, although there was room, the…
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Error to "Wayne Circuit. The action was case against the defendant as a common carrier. The first count in the declaration alleged that the defendant was the owner of the steamer Arrow, plying between Detroit and Toledo, and that the plaintiff applied on board of said steamboat for a cabin passage from Detroit to Toledo, and offered to pay for the same, which was averred to be a usual mode of conveyance of passengers upon said boat; that, although there was room, the defendant refused to give the plaintiff a cabin passage, whereby the plaintiff was put to great expense, trouble, and delay,…
1Opinion of the Court
Manning J.:
The declaration contains three counts. The first and second for refusing to carry the plaintiff in the cabin; the third for refusing to carry him generally.
This last count is bad, as it contains no averment that plaintiff offered, or was ready and willing, to pay the fare.
The notice accompanying the general issue sets up three, several grounds of defense to the declaration, and may therefore be considered as three separate notices. The demurrer is to the whole notice; and if any one of these defenses is good to the other counts in the declaration, the demurrer was properly…
2Cited by23 opinions
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Ella Fitzgerald, John Lewis, Georgiana Henry and Norman Granz v. Pan American World Airways, Inc.Court of Appeals for the Second Circuit · 1956
- Stewart v. . Brooklyn and Crosstown R.R. Co.New York Court of Appeals · 1882
- Ferguson v. GiesMichigan Supreme Court · 1890
- Britton v. Atlanta & Charlotte Air-Line Railway Co.Supreme Court of North Carolina · 1883
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