Leypoldt & Pennington Co. v. Davis

Redick, District Judge.

This action is brought by the plaintiff against the director general of railroads, as agent for the Chicago, Burlington & Quincy Railroad Company and Union Pacific Railroad Company, to recover the value of certain potatoes alleged to have been frozen during their transportation from Mitchell to North Platte, Nebraska. They were shipped from Mitchell and carried as far as Northport over the Burlington line and from Northport to North Platte over the Union Pacific. Plaintiff seeks to recover on two theories : First, the negligence of the defendants in furnishing defective…