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WATSON-HIGGINS MILLING CO. v. PERE MARQUETTE RAILWAY CO.

Docket No. 2, Calendar No. 44,552.

328 Mich. 5 (1950)

43 N.W.2d 43

WATSON-HIGGINS MILLING COMPANY v. PERE MARQUETTE RAILWAY COMPANY.

Supreme Court of Michigan.

Decided June 5, 1950.

Attorney(s) appearing for the Case

Linsey, Shivel, Phelps & Vander Wal, for plaintiff.

Harrington, Waer, Cary & Servaas and Robert M. Waer, for defendant.

BOYLES, C.J.

The facts in this case are not in dispute. Plaintiff is engaged in the flour-milling business at Grand Rapids, and the defendant is a railroad common carrier. In May, 1944, plaintiff requested the defendant to spot a box car on plaintiff's siding, in which to ship flour. On May 24th the car was spotted at plaintiff's loading dock and on the same date examined for leaks and loaded with 900 100-pound sacks of flour. Uniform bill of lading was issued May...

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