Michigan Southern & Northern Indiana Railroad v. Shurtz
Michigan Supreme Court
Error to St. Joseph Circuit, where action was brought by Shurtz against the railroad company, for the value of certain wheat. The declaration was in substance, as follows: First Count.
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Error to St. Joseph Circuit, where action was brought by Shurtz against the railroad company, for the value of certain wheat. The declaration was in substance, as follows: First Count. That defendants being common carriers, received at White Pigeon 88 55-60 bushels wheat of plaintiff, to be taken care of, and safely and securely carried and conveyed to Toledo, and there delivered to plaintiff, for a consideration to be paid, but that not regarding their duty as such carriers, they so carelessly and negligently behaved and conducted themselves with respect to such wheat, that the same was…
1Opinion of the Court
Martin Ch. J.:
The principal question presented by this case, is whether the railroad company are liable as common carriers for the wheat deposited in their warehouse, to await orders for transportation, and a determination of what shall be its destination. We think they are not, nor should they be. By their charter the company have no right to charge as ware-housemen, for storage of goods awaiting transportation; but this disability does not of itself create any liability. When the goods are delivered to be transported to a specified point, the liability of the company as carriers commences…
2Cited by11 opinions
- Pratt v. Railway Co.Supreme Court of the United States · 1877
- Cleveland & Toledo R. R. v. PerkinsMichigan Supreme Court · 1868
- Cohen v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1894
- Thompson v. St. Louis & San Francisco Railway Co.Missouri Court of Appeals · 1894
- Gulf, C. & S. F. Ry. Co. v. Terrell Bros.Court of Appeals of Texas · 1929
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