Legal Opinion

Barrett v. Northern Pacific Railway Co.

Idaho Supreme Court

Decided May 24, 1916PublishedCited by 25 opinions

APPEAL from the District Court of the Fourth Judicial District for Lincoln County. Hon. Chas. O. Stockslager, Judge. Action for damages. Judgment for plaintiffs. “An initial carrier is the carrier first receiving the goods.” (4 Words and Phrases, p. 3610; Beard v. St. Louis, A. & T. H. By.

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APPEAL from the District Court of the Fourth Judicial District for Lincoln County. Hon. Chas. O. Stockslager, Judge. Action for damages. Judgment for plaintiffs. “An initial carrier is the carrier first receiving the goods.” (4 Words and Phrases, p. 3610; Beard v. St. Louis, A. & T. H. By. Co., 79 Iowa, 527, 44 N. W. 803.) The mere changing of the destination en route cannot alter the character of the shipment and make it an initial or original shipment at the point where such change in destination is made. (Dunlap v. Great Northern B. Co., 34 S. D. 320, 148 N. W. 529.) The initial carrier is…

1Opinion of the CourtMorgan, J.

The record in this case discloses that on or about the first day of June, 1912, the respondents delivered to the Chicago, Burlington & Quincy Railroad Company at Connelsville, Missouri, a stock of drugs and certain drug-store fixtures to be shipped from that point to Spokane, Washington. The goods were routed by the above-named company over its line and over that of appellant. Before the car in which the goods were shipped reached the destination to which it had been consigned respondent, C. W. Barrett, called upon the general agent of appellant in Spokane and arranged to have it forwarded,…

2Cases cited8 opinions

  1. Laughlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1871
  2. Swinnerton v. Argonaut Land & Development Co.California Supreme Court · 1896
  3. Parker-Bell Lumber Co. v. Great Northern Railway Co.Washington Supreme Court · 1912
  4. W. H. Aton Piano Co. v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1913
  5. Thompson v. San Antonio & Aransas Pass Railway Co.Court of Appeals of Texas · 1895

3 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Reider v. ThompsonSupreme Court of the United States · 1950
  2. United States v. Mississippi Valley Barge Line Company, Mississippi Valley Barge Line Company v. United States Fo AmericaCourt of Appeals for the Eighth Circuit · 1960
  3. Fawcett v. Nampa & Meridian Irrigation DistrictIdaho Supreme Court · 1920
  4. Gridley v. RossIdaho Supreme Court · 1923
  5. Hendrix v. Gold Ridge Mines, Inc.Idaho Supreme Court · 1936

20 more not listed; retrieve them via the Exa API.

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