Marshall v. Pontiac, Oxford & Northern Railroad
Michigan Supreme Court
Error to Lapeer; Smith, J. Assumpsit by David S. Marshall against the Pontiac, Oxford & Northern Railroad Company to recover the value of lost baggage. From a judgment for plaintiff, defendant brings error.
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Error to Lapeer; Smith, J. Assumpsit by David S. Marshall against the Pontiac, Oxford & Northern Railroad Company to recover the value of lost baggage. From a judgment for plaintiff, defendant brings error. The facts in this case appear in the following statement, prepared by defendant’s counsel, and given to the jury by the court below: “The undisputed facts in this case go to show that on the 11th day of August, 1899, plaintiff purchased a ticket at the office óf the Detroit, Grand Haven & Milwaukee Railroad in the city of Detroit over that railroad and the Pontiac, Oxford & Northern…
1Opinion of the CourtGrant, J.
(after stating the facts). It is the well-established rule that the rigorous liability of a railroad company as a common carrier ceases when the passenger’s trunk has reached its destination, and been placed upon its platform ready for delivery, and a reasonable opportunity given to take it away. After reasonable opportunity has been given the passenger to take it away, the company, according to many authorities, is liable only as warehouseman, bound to the exercise of ordinary care. Was the defendant in this case such a bailee, or a gratui*48tous bailee, liable only for gross negligence?…
2Cases cited3 opinions
- Wilson v. Grand Trunk RailwaySupreme Judicial Court of Maine · 1868
- Minor v. Chicago & North Western Railway Co.Wisconsin Supreme Court · 1865
- The Elvira HarbeckU.S. Circuit Court for the District of Southern New York · 1851
3Cited by11 opinions
- Perry v. . R. R.Supreme Court of North Carolina · 1916
- McKibbin v. Wisconsin Central Railway Co.Supreme Court of Minnesota · 1907
- Southern Railway Co. v. Dinkins & Davidson Hardware Co.Supreme Court of Georgia · 1913
- Alabama Great Southern R. R. v. KnoxSupreme Court of Alabama · 1913
- Denver & Rio Grande Railroad v. DoyleSupreme Court of Colorado · 1914
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