James Quirk Milling Co. v. Minneapolis & St. Louis Railroad
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Hennepin county, Brooks, J., sustaining a demurrer to the complaint.
1Opinion of the CourtElliott, J.
The appellant under a contract with the railway company erected a grain elevator upon its right of way. The building was destroyed by *23fire negligently scattered by the company’s locomotives. The action was brought to recover the resulting damages, and the trial court sustained a demurrer to the complaint. The appeal is from this order.
The elevator was constructed under a contract between the parties which contained the following provision:
In consideration of the rights hereby acquired the second party agrees * * * to protect, save harmless, and indemnify the railroad company, its successors…
2Cases cited25 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Baltimore & Ohio Southwestern Railway Co. v. VoigtSupreme Court of the United States · 1900
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Hartford Fire Insurance v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1899
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3Cited by32 opinions
- Lyon Financial Services, Incorporated, d/b/a U.S. Bancorp Business Equipment Finance Group v. Illinois Paper and Copier CompanySupreme Court of Minnesota · 2014
- Granger v. CravenSupreme Court of Minnesota · 1924
- Northern Pacific Railway Co. v. Thornton Bros. Co.Supreme Court of Minnesota · 1939
- Independent School District No. 877 v. Loberg Plumbing & Heating Co.Supreme Court of Minnesota · 1963
- Housing Authority of Birmingham Dist. v. MorrisSupreme Court of Alabama · 1943
27 more not listed; retrieve them via the Exa API.