Legal Opinion

Clift v. Southern Railway Co.

Indiana Supreme Court

Decided October 17, 1919No. 23,170PublishedCited by 5 opinions

From Gibson Circuit Court; Simon S. Vandeveer. Judge. Action by Joseph H. Clift against the Southern Railway Company. From a judgment for the defendant, the plaintiff appeals. (Transferred from the Appellate Court under §1397 Burns 1914, Acts 1901 p. 568).

1Opinion of the CourtHarvey, J.

— This is an action to recover of appellee the amount of a claim for lost and damaged freight, which claim is alleged to have been admitted by appellee to be owing appellant because the claim was neither “paid or rejected by such carrier within ninety days” of its presentation.

This cause of action is based upon the provisions of the act of March 4, 1911 (Acts 1911 p. 454, §§3920b-3920h Burns 1914), and is not an action to enforce any common-law remedy against the railroad company for .damage to or failure to deliver freight.

The rights and remedies of the parties depend, in this action, upon…

2Cases cited2 opinions

  1. Seaboard Air Line Railway v. SeegersSupreme Court of the United States · 1907
  2. Kansas City Southern Railway Co. v. AndersonSupreme Court of the United States · 1914

3Cited by5 opinions

  1. State Ex Rel. Evansville City Coach Lines v. RawlingsIndiana Supreme Court · 1951
  2. Jackson v. MauckIndiana Supreme Court · 1920
  3. Southern Railway Co. v. CliftIndiana Supreme Court · 1921
  4. Gohman v. City of St. BernardOhio Supreme Court · 1924
  5. State Ex Rel. Evansville City Coach Lines v. RawlingsIndiana Supreme Court · 1951

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