Smith v. Michigan Central Railroad
Michigan Supreme Court
Error to Saginaw. (Gage, J.) Submitted on briefs March 8, 1894. Decided April 17, 1894. Case. Defendant brings error. The facts are stated in the opinion. contended: 1. The plaintiffs sought to charge the defendant with the performance of the duties of a common carrier, and in making their proofs they ignored the contract which was actually made, and which defined the rights and duties of the parties, and proved merely the delivery of the stock to the defendant, claiming…
Read the full summary
Error to Saginaw. (Gage, J.) Submitted on briefs March 8, 1894. Decided April 17, 1894. Case. Defendant brings error. The facts are stated in the opinion. contended: 1. The plaintiffs sought to charge the defendant with the performance of the duties of a common carrier, and in making their proofs they ignored the contract which was actually made, and which defined the rights and duties of the parties, and proved merely the delivery of the stock to the defendant, claiming that an implied contract thereby arose by which the defendant assumed the duties and liabilities mentioned in the…
1Opinion of the CourtMontgomery, J.
This is an action on the case. The declaration alleges that the defendant accepted from plaintiffs 15 horses to be transported for hire and reward from G-aylord to Saginaw; that it became the duty of the defendant to take due and prop'er care of the same, and carry and convey the same with reasonable safety and dispatch, and to safely and securely and without unnecessary delay deliver the horses at the city of Saginaw; that defendant neglected its duty; that it left the car conveying the horses on the side track of defendant’s railway at West Bay City, from 1 o’clock in the morning until 10…
2Cases cited1 opinion
- American Merchants' Union Express Co. v. PhillipsMichigan Supreme Court · 1874
3Cited by10 opinions
- Lepard v. Michigan Central RailroadMichigan Supreme Court · 1911
- Wegner v. HerkimerMichigan Supreme Court · 1911
- Brockway v. American Express Co.Massachusetts Supreme Judicial Court · 1897
- Groot v. Oregon Short Line R.Utah Supreme Court · 1908
- Welch v. Northern Pacific Railway Co.North Dakota Supreme Court · 1904
5 more not listed; retrieve them via the Exa API.