Richards v. Northern Pacific Railway Co.
North Dakota Supreme Court
Action for damages against a carrier for loss of cattle. From a judgment of tbe District Court of Stark County, Crawford, J., in favor of tbe plaintiffs, tbe defendant bas appealed. There must be some certainty to the proof of damage. Surmise and speculation will not do. Sutherland, Damages, 4th ed. § 53; 17 C. J. 755, 758, on damages; Evans v. Cumberland Teleph. & Teleg. Co. 135 Ky. 66, 121 S. W. 959. See also Western U. Teleg.
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Action for damages against a carrier for loss of cattle. From a judgment of tbe District Court of Stark County, Crawford, J., in favor of tbe plaintiffs, tbe defendant bas appealed. There must be some certainty to the proof of damage. Surmise and speculation will not do. Sutherland, Damages, 4th ed. § 53; 17 C. J. 755, 758, on damages; Evans v. Cumberland Teleph. & Teleg. Co. 135 Ky. 66, 121 S. W. 959. See also Western U. Teleg. Co. v. Totten (C. O. A. 8th 0.) 141 Fed. 533; Hightower v. Henry (Miss.) 37 So. 745; Macon v. Dannenberg (Ga.) 39 S. E. 446. Defendant contends that when tested by…
1Opinion of the CourtBronson, J.
This is an action for damages sustained in the shipment of cattle through the alleged negligence of the defendant carrier. The action was tried to the court without a jury, and from a judgment entered, upon findings made in favor of the plaintiff, the •defendant has appealed. The facts are as follows:
On June 6, 1914, the plaintiff shipped from Vineyard, Texas, consigned to Dickinson, North Dakota, a distance of 1,4Y0 miles, 998 so-termed stocker or dogie cattle in twenty cars. The original contract of shipment was made with the Chicago, Rock Island, & Gulf Railway and constituted a solid…
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