Parham v. Chicago, Milwaukee & St. Paul Ry. Co.
Montana Supreme Court
Appeal from District Court, Yellowstone County; George W. Pierson, Judge. Action by Owen B. Parham against the Chicago, Milwaukee & St. Paul Railway Company. From a judgment for plaintiff, and an order denying a motion for new trial, defendant appeals.
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Appeal from District Court, Yellowstone County; George W. Pierson, Judge. Action by Owen B. Parham against the Chicago, Milwaukee & St. Paul Railway Company. From a judgment for plaintiff, and an order denying a motion for new trial, defendant appeals. What is the liability of the appellant railway company for not stopping the shipment in question at Stockdale for feeding purposes? Recovery is sought under the Act of Congress generally known as the Carmack Amendment of June 29, 1908, as subsequently amended. This amendment only imposes liability for some default in a carrier’s common-law…
1Opinion of the CourtJustice Hurly
Plaintiff alleges the delivery to defendant railway company on November 18, 1915, of five cars of lambs at Harlowton, Montana, for transportation to Chicago, Illinois, “with stopover at Stoekdale, Illinois, for feeding purposes,” and that defendant for a valuable consideration contracted to make such transportation and to deliver the lambs at their destination over its own line and the line of the Chicago, Rock Island & Pacific Railway Company, and “issued a through waybill therefor, with provisions for such stopover,” all of which was directed by plaintiff at the time of such shipment; that…
2Cases cited22 opinions
- Missouri, Kansas & Texas Railway Co. v. WardSupreme Court of the United States · 1917
- Northern Pacific Railway Co. v. WallSupreme Court of the United States · 1916
- W. A. Ryan & Co. v. M., K. & T. R'y Co.Texas Supreme Court · 1886
- Savannah, Florida & Western Railway Co. v. Commercial Guano Co.Supreme Court of Georgia · 1898
- Southern Railway Co. v. WebbSupreme Court of Alabama · 1904
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3Cited by5 opinions
- Healy v. First National BankMontana Supreme Court · 1939
- Lewis v. AronowMontana Supreme Court · 1926
- Reider v. ThompsonDistrict Court, E.D. Louisiana · 1953
- Cook v. Northern Pacific Ry. Co.Montana Supreme Court · 1921
- Rice v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1921