Pouilin v. Canadian Pac. Ry. Co.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Michigan. Action on the case by John B. Poulin against the Canadian Pacific Railway Company to recover damages for ejection from a train. The declaration was demurred to on the ground that it should have sounded in contract. Demurrer overruled. 47 Fed. Rep. 858. Jury instructed to find for defendant. Plaintiff brings error. Affirmed.
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In Error to the Circuit Court of the United States for the Eastern District of Michigan. Action on the case by John B. Poulin against the Canadian Pacific Railway Company to recover damages for ejection from a train. The declaration was demurred to on the ground that it should have sounded in contract. Demurrer overruled. 47 Fed. Rep. 858. Jury instructed to find for defendant. Plaintiff brings error. Affirmed. Statement by Taft, Circuit Judge: Plaintiff was a resident of the city of Toledo, Ohio, and the defendant was a railway corporation organized under the laws of the Dominion of Canada.…
1Opinion of the Court
Taft, Circuit Judge,
(after stating the facts.) Counsel for the defendant contends that under the practice in Michigan, where the common-law form of procedure still obtains, the judgment for defendant should not be disturbed, because the gist of plaintiff’s action is breach of contract, whereas he has declared in tort. The objection was raised *199on demurrer in the court below, and overruled. The reasons of the learned district judge for this ruling are fully set forth in Pouilin v. Railway Co., 47 Fed. Rep. 858. Upon the correctness of the conclusion there reached we do not express an opinion,…
2Cases cited11 opinions
- Townsend v. . N.Y. Cen. H. River R.R. Co.New York Court of Appeals · 1874
- Frederick v. Marquette, Houghton & Ontonagon RailroadMichigan Supreme Court · 1877
- Chicago, Burlington & Quincy R. R. v. GriffinIllinois Supreme Court · 1873
- Bradshaw v. South Boston RailroadMassachusetts Supreme Judicial Court · 1883
- Murdock v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Cowen v. WintersCourt of Appeals for the Sixth Circuit · 1899
- Chase v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1905
- Krueger v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1897
- Louisville & Nashville Railroad v. ThomasonAlabama Court of Appeals · 1912
- Morrill v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1908
9 more not listed; retrieve them via the Exa API.