Heller v. Chicago & Grand Trunk Railway Co.
Michigan Supreme Court
Error to Saginaw; McKnight, J. Case by Gustav Heller against the Chicago & Grand Trunk Railway Company for injury to cattle shipped over defendant’s road. From a judgment for plaintiff, defendant brings error. Plaintiff’s firm, of which he is the survivor, purchased some cattle at the stock yards in Chicago. His agent • ordered a car from the defendant company in which to ship them. The car was furnished, and was 33 feet long and 8 feet wide upon the inside.
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Error to Saginaw; McKnight, J. Case by Gustav Heller against the Chicago & Grand Trunk Railway Company for injury to cattle shipped over defendant’s road. From a judgment for plaintiff, defendant brings error. Plaintiff’s firm, of which he is the survivor, purchased some cattle at the stock yards in Chicago. His agent • ordered a car from the defendant company in which to ship them. The car was furnished, and was 33 feet long and 8 feet wide upon the inside. Into this car were loaded 24 steers, weighing 25,800 pounds, or 1,075 pounds each. The defendant was not responsible for the loading.…
1Opinion of the CourtGrant, J.
(after stating the facts). It is of importance to state what grounds of negligence are set forth in the declaration. They are as follows:
1. Delay in transit.
2. Failure to feed, water, and properly care for them.
3. In keeping them in the car from 7 o’clock on March 14th until 10 o’clock on March 16th, without food, water, care, or opportunity to lie down, and without adequate protection from the cold.
4. Placing them in the car in a cramped and uncomfortable position.
The declaration, in summing up the cause of the injury, states that it was “occasioned by the delay, and by said cold, and want…
2Cases cited4 opinions
- McMillan v. Mich. S. & N. I. R. R.Michigan Supreme Court · 1867
- Kimball v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Michigan Southern & Northern Indiana Railroad v. McDonoughMichigan Supreme Court · 1870
- German v. Chicago & North-western RailroadSupreme Court of Iowa · 1874
3Cited by11 opinions
- Felgner v. AndersonMichigan Supreme Court · 1965
- Weaver v. Ann Arbor RailroadMichigan Supreme Court · 1905
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. RankinCourt of Appeals of Kentucky · 1913
- Cleve v. Chicago, Burlington & Quincy Railway Co.Nebraska Supreme Court · 1906
- Wallace v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1903
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