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HOME INS. CO. v. NEW YORK C.R. CO.

Calendar No. 24, Docket No. 49,707.

372 Mich. 62 (1963)

124 N.W.2d 911

HOME INSURANCE COMPANY v. NEW YORK CENTRAL RAILROAD COMPANY.

Supreme Court of Michigan.

Decided December 5, 1963.

Attorney(s) appearing for the Case

Stratton, Wise, Huston, Early & Starbuck (Charles E. Starbuck, of counsel), for plaintiffs.

Larry C. Carl and Paulson, Bennett & Palmer, for defendant.

KELLY, J. (for reversal).

Plaintiffs, as subrogees of Lee Paper Company, instituted suit in the Kalamazoo county circuit court to recover damages for defendant's negligence resulting in contamination of photographic paper pulp during shipment over defendant's railroad.

The pretrial statement contained the following: "The subrogation is agreed to, and if plaintiffs are entitled to judgment their damages are...

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