People ex rel. Michigan Central Railroad v. Judge of Kalamazoo Circuit
The People on the relation of The Michigan Central Railroad Company v. The Judge of the Kalamazoo Circuit
People ex rel. Mich. Cent. R.R. v. Judge of Kalamazoo Circuit, 35 Mich. 227 (1876)
Headnotes
Declaration: Amendment: New cause of action: Statute of limitations, A declaration charging a railroad company as common carrier, for loss of goods shipped over its line and destroyed by fire while in its depot awaiting delivery to a subsequent carrier, cannot be amended, after the cause of action has become barred by the statute of limitations, so as to charge the company for negligence as warehousemen.
Summary
Application for mandamus.
The purpose of this application is to require respondent to set aside an order allowing an amendment to the declaration in a cause pending in said circuit, and to strike the amended declaration from the files. The original declaration sought to charge the railroad company as common carrier for the loss of goods shipped over its line and destroyed by fire while in its depot awaiting delivery to a subsequent ^carrier (see Mich. Central E. E. Co. v. Tanto, 32 Mich., 502), and the amendment sought to charge the company for negligence as warehousemen. The cause of action had become barred by the statute of limitations prior to the amendment in question.
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Opinion of the Court
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Per Curiam:
We think this case is entirely within that of People ex rel. Gorman v. Judge of Newaygo Circuit, 27 Mich., 138 , and that it must be ruled by it.
Writ granted.
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