Lake Shore & Michigan Southern Railroad v. Perkins

This was an action on the case, against the plaintiff in error, to recover damages for an alleged refusal to carry, and a delay in carrying, certain live stock for the defendant in error.

The declaration contained three counts, and the portions material to the present inquiry were in substance as follows :

The first averred that the company were common carriers of goods and chattels for hire, from Clayton, in Lenawee *330county, in this state, to Buffalo, in the state of New York, and, as such carriers, engaged in the business of carrying and transporting cattle, sheep, and hogs, by railroad from…