Legal Opinion

North Pennsylvania Railroad v. Commercial Bank of Chicago

Supreme Court of the United States

Decided December 1, 1887PublishedCited by 147 opinions

This was an action brought by the Commercial National Bank of Chicago against the North Pennsylvania Eailroad Company to recover the value of 404 head of cattle received by it in November, 1877, to transport to Philadelphia, and not delivered there to the plaintiff, the assignee of the shipper, or to its order.

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This was an action brought by the Commercial National Bank of Chicago against the North Pennsylvania Eailroad Company to recover the value of 404 head of cattle received by it in November, 1877, to transport to Philadelphia, and not delivered there to the plaintiff, the assignee of the shipper, or to its order. The facts out of which it arose are briefly as follows: In 1877 one Paris Myrick was engaged at Chicago in the business of buying cattle and forwarding them by railway to Philadelphia. On the 7th of November of that year he bought 202 head of cattle, weighing 240,000 pounds, and on the…

1Opinion of the Court

Mr. Justice Field,

after stating the case, delivered theopinión of the court.

There is no doubt of the power of the Circuit Court to direct a verdict for the plaintiff upon the evidence presented in a cause, where it is clear that he is entitled to recover, and no matter affecting his claim is left in doubt to be determined by the jury. Such a direction is eminently proper, when it would be the duty of the court to set aside a different verdict, if one were rendered. It would be an idle proceeding to submit the evidence to the jury, when they could justly find only in one way. Anderson County…

2Cases cited7 opinions

  1. Myrick v. Michigan Central RailroadSupreme Court of the United States · 1883
  2. Anderson County Commissioners v. BealSupreme Court of the United States · 1885
  3. Fisk v. NewtonCourt for the Trial of Impeachments and Correction of Errors · 1845
  4. The ThamesSupreme Court of the United States · 1872
  5. Forbes v. Boston and Lowell RailroadMassachusetts Supreme Judicial Court · 1882

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3Cited by147 opinions

  1. Gunning v. CooleySupreme Court of the United States · 1930
  2. Missouri Pacific Railroad v. Elmore & StahlSupreme Court of the United States · 1964
  3. Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
  4. Baltimore & Ohio Railroad v. GroegerSupreme Court of the United States · 1925
  5. Cole v. German Savings & Loan Soc.Court of Appeals for the Eighth Circuit · 1903

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