McNeil Higgins Co. v. Old Dominion S. S. Co.
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois. Action by the McNeil Higgins Company against the Old Dominion Steamship Company. There was a judgment for defendant, and plaintiff brings error. Action to recover damages arising out of the shipment of a carload of coffee. Judgment for carrier upon directed verdict.
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In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois. Action by the McNeil Higgins Company against the Old Dominion Steamship Company. There was a judgment for defendant, and plaintiff brings error. Action to recover damages arising out of the shipment of a carload of coffee. Judgment for carrier upon directed verdict. On March 15, 1913, defendant received from plaintiff 279 bags of coffee of the alleged Value of $10,000 to be carried from New York to Chicago. The shipment passed from New York City to Newport News, Va,., and thence…
1Opinion of the CourtEvans, Circuit Judge
(after stating the facts as above). Defendant contends that the District Court correctly directed a verdict in its favor for two reasons: (a) That the evidence conclusively established that the soaking which the coffee received before the water receded left it utterly valueless, and that subsequent delay, excusable or otherwise, resulted in no damage, (b) That the evidence conclusively showed the carrier was not guilty of any want of ordinary care after encountering the storm.
We are unable to agree with the defendant on either proposition.
[1] Whether the value of the coffee was totally…
2Cases cited3 opinions
- Black v. Chicago, B. & Q. R. Co.Nebraska Supreme Court · 1890
- Lang v. Pennsylvania R. R. Co.Supreme Court of Pennsylvania · 1893
- Miles v. MaysSupreme Court of Colorado · 1890
3Cited by3 opinions
- United States v. Los Angeles Soap Co.Court of Appeals for the Ninth Circuit · 1936
- Chicago & E. I. R. v. Collins Produce Co.Court of Appeals for the Seventh Circuit · 1916
- General Cigar Co. v. Reading Co.Appellate Division of the Supreme Court of the State of New York · 1942