Legal Opinion · Dissent

Van Camp v. Michigan Central Railroad

Michigan Supreme Court

Decided September 13, 1904No. Docket No. 141Published

Error to Berrien; Coolidge, J. Debt by Alberta E. Yan Camp against the Michigan Central Railroad Company for failure to transport, under 2 Comp. Laws, § 6235. There was judgment for plaintiff on a verdict directed by the court,, and defendant brings error. This suit was brought to recover the penalty of $100 provided by section 6235, 2 Comp.

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Error to Berrien; Coolidge, J. Debt by Alberta E. Yan Camp against the Michigan Central Railroad Company for failure to transport, under 2 Comp. Laws, § 6235. There was judgment for plaintiff on a verdict directed by the court,, and defendant brings error. This suit was brought to recover the penalty of $100 provided by section 6235, 2 Comp. Laws, for the failure of the defendant to transport the plaintiff, in accordance with her contract of carriage, without legal or just excuse. Her home was in Benton Harbor, Mich. She was attending school at Ypsilanti, Mich. She purchased a ticket June 24,…

1DissentHooker, J.

The plaintiff purchased a ticket over defendant’s railroad, from Ypsilanti to Grand Junction, upon the representation made by defendant’s agent at Ypsilanti that a train upon defendant’s branch *472road, running from Kalamazoo-to Grand Junction, would leave soon after the arrival at Kalamazoo of the train over its main line. In a schedule issued shortly before by the defendant such connection was advertised, but in fact this schedule was changed before the time for it to take effect, and trains were not run in accordance with it at any time. The agent-at Ypsilanti was unaware of this withdrawal,…

2Cases cited10 opinions

  1. State v. B. & O. R. R.West Virginia Supreme Court · 1879
  2. Gulf, Colorado & Santa Fe Railway Co. v. DwyerTexas Supreme Court · 1892
  3. Commonwealth v. StevensMassachusetts Supreme Judicial Court · 1891
  4. Ohio & Mississippi R. W. Co. v. HattonIndiana Supreme Court · 1877
  5. Marshall v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1883

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