Colfax Mountain Fruit Co. v. Southern Pacific Co.
California Supreme Court
APPEAL from Superior Court, Placer County; J. E. Prewitt, Judge. Action by the Colfax Mountain Fruit Company against the Southern Pacific Company to recover damages resulting from delay in the transmission of freight. Judgment for plaintiff, and defendant appeals.
1Opinion of the Court
BRITT, C.
At the trial of this case the parties agreed on the facts by written stipulation which was adopted by the court as its findings. It thus appears that on October 24, 1890, defendant was a common carrier operating a line of railroad between Colfax, in Placer county, and Ogden, Utah, the latter point being the terminus of its route in the direction of the city of New York. On that day defendant received from plaintiff at Colfax a carload of fruit for transportation according to the terms of a written contract called a “shipping order” signed by plaintiff, describing the goods to be…
Also in this document: Per curiam.
2Cases cited10 opinions
- Collins v. . BennettNew York Court of Appeals · 1871
- Ouderkirk v. Central National BankNew York Court of Appeals · 1890
- Hooper v. Wells, Fargo & Co.California Supreme Court · 1864
- Funkhouser v. WagnerIllinois Supreme Court · 1871
- Palmer v. Atchison, Topeka, & Santa Fé R.R.California Supreme Court · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Weaver v. Southern Railway Co.Missouri Court of Appeals · 1909