Richey & Gilbert Co. v. Northern Pacific Railway Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $48,500 on fourteen causes of action for delay of defendant, as a common carrier, in furnishing refrigerator cars during the months of October and November, 1907, for the transportation of apples from the state of Washington.
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Action in the district court for Hennepin county to recover $48,500 on fourteen causes of action for delay of defendant, as a common carrier, in furnishing refrigerator cars during the months of October and November, 1907, for the transportation of apples from the state of Washington. Defendant answered that it exercised due care, but was not able to furnish all the cars ordered by plaintiff at the times when they were ordered, on account of the unexpected rush of business and the unusual volume of traffic offered to it for transportation at that time; that it did furnish many cars before…
1Opinion of the CourtO’Brien, J.
Plaintiff is a fruit merchant in the state of Washington; its principal depots being at Toppenish, where it has a warehouse and track-age on or adjacent to defendant’s right of way, and at North Yakima, where it has warehouse privileges of a similar nature. This action is to recover for loss which plaintiff claims to have sustained through the failure of defendant to furnish it transportation facilities for certain apples which it desired to ship between October 10 and November 15, 1907. The complaint contained fourteen causes of action, some of which are evidently duplications; but in the…
2Cases cited2 opinions
- Little Rock & Ft. Smith Railway Co. v. ConatserSupreme Court of Arkansas · 1896
- Wilder v. St. Johnsbury & Lake Champlain Rd.Supreme Court of Vermont · 1891
3Cited by6 opinions
- Pacific Gamble Robinson Co. v. Minneapolis & St. Louis Ry. Co.District Court, D. Minnesota · 1952
- Levy v. Nevada-California-Oregon Ry.Oregon Supreme Court · 1916
- Willingham v. SeligmanCourt of Appeals for the Fifth Circuit · 1950
- Central of Georgia Ry. Co. v. Nolan Land & Live Stock Co.Supreme Court of Alabama · 1922
- Falmouth Co-Operative Marketing Ass'n v. Pennsylvania RailroadMichigan Supreme Court · 1925
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