Thurston v. Northern Navigation Co.

171 N.W. 423, 205 Mich. 278, 1919 Mich. LEXIS 488
CourtMichigan Supreme Court
DecidedApril 3, 1919
DocketDocket No. 4
StatusPublished
Cited by5 cases

This text of 171 N.W. 423 (Thurston v. Northern Navigation Co.) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thurston v. Northern Navigation Co., 171 N.W. 423, 205 Mich. 278, 1919 Mich. LEXIS 488 (Mich. 1919).

Opinion

Stone, J.

This is an action for damages for personal injuries to plaintiff. The plaintiff was injured at Duluth, Minnesota, on August 14, 1917, while on a cruise, so-called, given by the defendant. At the time of the injury she was riding in an automobile1 owned by the Board of Trade Livery Company, of Duluth, the automobile ride being given as a part of the cruise.

The plaintiff was the editor and sole manager of a monthly publication known as “Modem Methods,” published by the Richmond & Backus Company of De[280]*280troit, a corporation, under the name of Modern Methods Publishing Company.

The defendant operates a line of steamers between Windsor, Ontario; Detroit; Sarnia, Ontario, and Duluth, and intermediate ports. About June 1, 1917, there came into the hands of the plaintiff, as such manager, a letter from the advertising manager of the defendant, which, omitting immaterial portions, was as follows:

“Modern Methods,
“Detroit, Mich.
“Gentlemen: We want to extend to you the opportunity of taking a six-day, round trip Great Lakes Voyage this summer, paying for one-half of the entire cost of the trip with advertising in your publication.
“The trip is the 1,600-mile Huron-Superior Cruise, starting at either Detroit, Sarnia or Duluth. * * * The entire cost is $53.50 from Detroit or $50.00 from Sarnia, including transportation, meals, berth, side trips — everything.
“The enclosed ‘proof’ shows you our double column, seven-inch advertisement. If you will run this advertisement in your publication enough times to equal the cost of transportation on the trip — or, in other words, one-half of the entire cost — we will accept the other half, $26.75 or $25.00 in cash as payment for meals, berth, etc. You may accept this offer for yourself, or some member of your family or organization. In case you wish more than one ticket, you should figure on allowing us enough advertising to equal the amount of the transportation. For instance, if you desire two tickets from Detroit to Duluth, you should allow us $53.50 in advertising, and the cruise for two will cost you $53.50 in cash.
“This Huron-Superior Cruise is truthfully called the Greatest Fresh Water Voyage in the world. * * * We could never begin to explain its wonders in this limited space, so we are sending under separate cover a folder, including time table, which will tell you all about it. Please read the enclosed card carefully. Then sign and mail it, being sure to fill out all blank spaces. * * * When we receive the [281]*281card we will consider the agreement made between us. * * * Come along this year and * * * bring someone in your family or organization with you.”

The “proof” referred to in the foregoing letter and enclosed therewith, was an advertisement headed “Northern Navigation Cruises,” and contained, among other things, the following:

“1,600 Mile, Six-Day Detroit-Duluth Cruise — Between Detroit, Sarnia, S. S. Marie, Port Arthur, Ft. William and Duluth. Excellent meals, comfortable staterooms, side trips — all included in your ticket. No extras.”

The folder referred to in the letter was received by the plaintiff and read by her. She also secured an additional folder and took it home with her. This folder contained a detailed description of the Detroit-Duluth trip with the following references to the Boulevard drive in Duluth:

“To enhance your pleasure, we have added personally conducted side trips, such as visits to Falls, Boulevard Drive, fishing excursions and basket picnics to quaint spots.
“So that none of the most wonderful things may be missed, arrangements have been made by the Northern Navigation Company for a personally conducted trip about the Boulevards, and interesting places of Duluth, — a most pleasing and delightful diversion.”

After the descriptive portion of the folder and in the portion giving rates of fare, time tables, etc., appears the following:

“Northern Navigation Continuous Cruises. Personally Conducted Tours of the Great Lakes, with Side Trips, Meals, Berths, Afternoon Teas, etc., all included in the Tickets.
“Cruise No. 1. Detroit, Mich., or Sarnia, Ont., to Duluth, Minn., and return. * * * This six-day cruise includes meals, berth, trip to Kakabeka Falls [282]*282at Port Arthur, drive around the boulevards at Duluth, returning to Detroit six days after embarking. Price of entire cruise (continuous passage) $53.50.”

The minimum round trip fare, including meals and berth, is shown by the table of fares to be $53.50. Near the end of the folder is a list of the connecting carriers at the various ports. The Board of Trade Livery Company is not included in this list of connecting carriers, nor is it specifically mentioned anywhere in the folder.

After discussing the trip with members of' her family, the plaintiff filled out and returned the card enclosed with, and referred to in, the letter. The material portions of this card read as follows:

“I accept your proposition as outlined in your letter of June 1st. * * * Please issue ticket (tickets) to Mr. and Mrs. «John Ferguson, Miss L. E. Thurston (Editor) and Mrs. J. 0. Thurston (Mother). I will arrange the date of sailing and inform you whether I wish to start from Detroit or Duluth when you ask me for this information.”

The defendant’s advertisements were run in the July and August issues of “Modern Methods,” and about July 11th the plaintiff received a letter, enclosing transportation tickets, so-called, the material portions of which are as follows:

“Modern Methods,
“Detroit, Michigan.
“Attention: Mr. L. E. Thurston.
“Gentlemen: You will find enclosed transportation tickets for Miss L. E. Thurston * * * all of which will apply on the Northern Navigation exchange contract which you have with us. If you will take these tickets to the office of Mr. Leidich, 69 Fort street, west, he will show you a chart of the boat, so that you may reserve just the accommodation you desire, and these transportation tickets enclosed will apply on your tickets to the values indicated on each ticket.”

[283]*283Enclosed with this letter were transportation tickets for the several persons named in the letter. The material portion of the ticket issued to the plaintiff was as follows:

“Northern Navigation Company, Ltd. Duplicate Advertising Order. Good for One First Class Passage, Meals and Berth Extra. From Detroit to Duluth. For L. E. Thurston account of ‘Modern Methods/ * * * Under no circumstances must this ticket be sold or transferred. * * * It will not be accepted for passage unless presented by the person named hereon, whose signature is reproduced on back hereof before presentation for passage. Meals and berth to be paid for in cash at one-half of regular fare for any trip. To be signed in ink before presenting for passage. Side trips which are a part of regular cruise are included in this ticket.

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Cite This Page — Counsel Stack

Bluebook (online)
171 N.W. 423, 205 Mich. 278, 1919 Mich. LEXIS 488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thurston-v-northern-navigation-co-mich-1919.