Missouri River Transportation Co. v. Minneapolis & St. Louis Railway Co.
South Dakota Supreme Court
Appeal from Circuit Court, Hughes County. Hon. JOHN F. Hugi-dís, Judge. Action by the Missouri River Transportation Company against the Minneapolis & St. Louis Railway -Company, for recovery for conversion' of property by defendant as'bailee. From a judgment for plain-tiff, and from an order denying a new trial, defendant appeals. The complaint under which the case was tried, stated a cause of action for the recovery of specific -personal property.
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Appeal from Circuit Court, Hughes County. Hon. JOHN F. Hugi-dís, Judge. Action by the Missouri River Transportation Company against the Minneapolis & St. Louis Railway -Company, for recovery for conversion' of property by defendant as'bailee. From a judgment for plain-tiff, and from an order denying a new trial, defendant appeals. The complaint under which the case was tried, stated a cause of action for the recovery of specific -personal property. Kierbow v. Young, (S. D.) 107 N. W. 371; Frotheringham v. Lockhart, (S. D.) 138 N. W. 804; Lile v. Barnes, (S. D.) 139 N. W. 338. The gist of this…
1Opinion of the CourtSmith, P. J.
A brief statement of the facts is necessary to an understanding of the questions presented on this appeal.
The plaintiff, a corporation, was operating a ferry as common carrier, across the Missouri river, at the town of LeBeau. The defendant railway company, was a common carrier, having its terminus at the town of LeBeau. A portion of its freight and passenger traffic originated on the opposite side of the river from LeBeau. To facilitate this traffic, the railway company entered into a contract with the ferry company for the maintenance of a ferry or pontoon transfer of its freight and…
2Cases cited7 opinions
- Scofield v. . WhiteleggeNew York Court of Appeals · 1872
- Faulkner v. First National BankCalifornia Supreme Court · 1900
- Henderson v. HartCalifornia Supreme Court · 1898
- Totten v. StevensonSouth Dakota Supreme Court · 1912
- Craven v. . RussellSupreme Court of North Carolina · 1896
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3Cited by6 opinions
- Jacobson v. Mutual Benefit Health & Accident Ass'nNorth Dakota Supreme Court · 1941
- National Oil Company v. Phillips Petroleum CompanyDistrict Court, W.D. Wisconsin · 1966
- Frank Bros. v. Far StoreOhio Court of Appeals · 1923
- State Bank v. NelsonNorth Dakota Supreme Court · 1922
- Lee v. BraggmanSouth Dakota Supreme Court · 1917
1 more not listed; retrieve them via the Exa API.