Northern Pac. Ry. Co. v. Kempton
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the District of Montana. This is an action for damages alleged to have been sustained by the plaintiff (defendant in error) in consequence of the negligence and delay of the. defendant in transporting 12 car loads of the plaintiff’s cattle over its line of railroad from Winnipeg Junction, Minn., to Eallon, Mont It is alleged that the negligent conduct of the defendant consisted in the failure to provide an independent…
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In Error to the Circuit Court of the United States for the District of Montana. This is an action for damages alleged to have been sustained by the plaintiff (defendant in error) in consequence of the negligence and delay of the. defendant in transporting 12 car loads of the plaintiff’s cattle over its line of railroad from Winnipeg Junction, Minn., to Eallon, Mont It is alleged that the negligent conduct of the defendant consisted in the failure to provide an independent train, with independent power, for the transportation of the plaintiff’s cattle, in the negligently slow rate of speed at…
1Opinion of the CourtMorrow, Circuit Judge
The defendant in error, as a witness in his own behalf, was asked by his counsel the following question:
“How, in the ordinary shipment of live stock, is it shipped and transported by railroads in this section generally — with single trains, or jointly and promiscuously with other freight?”
An objection to this question was overruled by the court, and the witness answered:
“Ten cars and upwards constitute a stock train. It is customary, when asked, to give power for ten cars or upwards to the capacity of the power, and transport it as a separate train, when demanded.”
It is objected to this…
2Cases cited12 opinions
- Railroad Co. v. ReevesSupreme Court of the United States · 1870
- St. Louis, Iron Mountain & Southern Railway Co. v. Commercial Union InsuranceSupreme Court of the United States · 1891
- The KensingtonSupreme Court of the United States · 1902
- New Jersey Steamboat Co. v. BrockettSupreme Court of the United States · 1887
- Robinson v. United StatesSupreme Court of the United States · 1872
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Lakos v. SaliarisCourt of Appeals for the Fourth Circuit · 1940
- Southern Express Co. v. HanawSupreme Court of Georgia · 1910
- Overland Const. Co. v. SydnorCourt of Appeals for the Sixth Circuit · 1934
- 7-G Ranching Company v. StitesCourt of Appeals of Arizona · 1966
- Fox v. Postal Telegraph-Cable Co.Wisconsin Supreme Court · 1909
1 more not listed; retrieve them via the Exa API.