Morris v. Minneapolis, St. Paul, & Sault Ste. Marie R. Co.
North Dakota Supreme Court
Appeal from the District Court for Foster County, Coff.ey, J. It is not incumbent upon tbe shipper of grain to show actual leakage in transit, or to show the actual means of bis loss or shortage. Miller v. Northern P. R. Co. 18 N. D. 19, 118 N. W. 344, 19 Ann. Oas. 1215. A common carrier is an insurer of tbe safety and delivery of tbe goods be agrees to carry. Zink v. Labart, 16 N. D. 56, 110 N. W. 931. Proof of tbe weight at delivery and,at destination are sufficient.
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Appeal from the District Court for Foster County, Coff.ey, J. It is not incumbent upon tbe shipper of grain to show actual leakage in transit, or to show the actual means of bis loss or shortage. Miller v. Northern P. R. Co. 18 N. D. 19, 118 N. W. 344, 19 Ann. Oas. 1215. A common carrier is an insurer of tbe safety and delivery of tbe goods be agrees to carry. Zink v. Labart, 16 N. D. 56, 110 N. W. 931. Proof of tbe weight at delivery and,at destination are sufficient. It is presumed that scales weigh correctly. Blackmore v. Fairbanks, M. & Co. 79 Iowa, 282, 44 N. W. 548; Alpha Cbeckrower Co.…
1Opinion of the CourtGoss, J.
Plaintiff sues the defendant to recover for a shortage on a carload of barley delivered defendant carrier at Bordulac, North Dakota, for transportation and delivery to a consignee in Superior, Wisconsin. Plaintiff makes proof of loss by evidence that 62,440 pounds, by weight, of barley was placed in the car for shipment, and, according to the state weighmaster’s certificate on delivery, but 57,480 pounds were received by the consignee; and plaintiff seeks to recover at the market price per bushel for the difference in weights, 4,960 pounds. Defendant offered no testimony; and at the close of…
2Cases cited3 opinions
- Duncan v. Great Northern Railway Co.North Dakota Supreme Court · 1908
- Miller v. Northern Pacific Railway Co.North Dakota Supreme Court · 1908
- Schott v. SwanSouth Dakota Supreme Court · 1908
3Cited by3 opinions
- Morris v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1915
- Pennsylvania Railroad v. Windfall Grain Co.Indiana Court of Appeals · 1931
- Clark v. FeldmanNorth Dakota Supreme Court · 1929