Great Western Railway Co. v. Hawkins
Michigan Supreme Court
Error to Wayne Circuit. This was au action brought to recover damages of the Great Western Railway Co. for alleged injuries to certain horses while being transported Qver their road.
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Error to Wayne Circuit. This was au action brought to recover damages of the Great Western Railway Co. for alleged injuries to certain horses while being transported Qver their road. The following is a copy of the declaration: “Eor that the said defendant, before and at the time of the delivery of the goods and chattels to said defendant as hereinafter next mentioned, was, and from thence hitherto hath been and now is, a common carrier of goods and chattels for hire, to-wit: from Paris, in the province of Canada, to the city of Detroit, in the United States of America, and as such common…
1Opinion of the Court
Ohristiancy J.
The first point raised by the plaintiff in error (the question of the sufficiency of the declaration to warrant a recovery on the ground of the defectiveness of the cars furnished by the company, without declaring specially upon the contract, &c.) was involved, and must be considered as decided in this case when before us, upon the same declaration, in 17 Mich. 57: For though the point was not raised, and could not, as the case was then presented, have been assigned for error — the case having been brought here by the plaintiffs below, to reverse the judgment for a charge…
2Cases cited1 opinion
- Hawkins v. Great Western R. R.Michigan Supreme Court · 1868
3Cited by13 opinions
- Ohio & Mississippi Railway Co. v. SelbyIndiana Supreme Court · 1874
- Moulton v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
- Beard & Sons v. Illinois Central Railway Co.Supreme Court of Iowa · 1890
- Kansas Pacific Rly. Co. v. Nichols, Kennedy & Co.Supreme Court of Kansas · 1872
- Louisville & Nashville Railroad v. Warfield & LeeSupreme Court of Georgia · 1907
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