Michigan Reports (Volume 56); Cases Decided in the Supreme Court of Michigan (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886. Excerpt: ... James Harding V. Chicago & Grand Trunk Railway Co. Common carrier --Injury from being carried past station. A declaration as for injury to plaintiff in being wrongfully put off the train at a place remote from the railway station, will not support a recovery where the proof shows that the injuries suffered, which were very great, were mainly due to the passenger's being carried by, but finally landed near the station so late that the carriage which had called for him had gone again, the driver supposing that he bad not come, and when all places of shelter were closed, and all conveyances gone, it being after midnight, so that he was obliged, while suffering from fever, to walk home three-quarters of a mile in a freezing rain. Error to Kalamazoo. (Mills, J.) April 16.--May 13. Case. Defendant brings error. Reversed. Edwards dk Stewart and E. W. Meddaugh for appellant. "Proof must follow allegations of pleadings, and the plaintiif can recover only on the grounds stated in his declaration: " Hutchinson on Carriers 793; Mayor v. Humphries 1 C. & P. 251; the impairment of plaintiffs health from spinal meningitis, did not proximately or naturally result from the said acts of negligence imputed to defendant, nor from any of them: Hutchinson on Carriers 773; Vicksburg cfe Meridian Railroad v. Ragsdale 46 Miss. 458; Griffin v. Colver 16 K Y. 4S9; Masterton v. Mayor of Brooklyn 7 Hill 61; Hadley v. Baxendale 9 Exch. 341; Olmstead v. Burke 25 11l. 86; 2 Pars, on Con. 458-461; M. C. It. R. Co. v. Burrows 33 Mich. 6; Lewis v. F. &. P. M. Ry. 54 Mich. 55. Howard & Roos for appellee, cited Pennsylvania Co. v. Hoagland 78 Ind. 203; Brown v. Chicago efce. R. R. Co. 54 Wis. 342; Williams v. Vanderbilt 28 N. Y. 217. Campbell, J. Plaintiff sued and obtained judg...