Pecos Valley Trading Co. v. Atchison, T. & S. F. Ry. Co.
New Mexico Supreme Court
Appeal from District Court, Chaves County; Richardson, Judge. Action by the Pecos Valley Trading Company against the Atchison, Topeka & Santa Fe Railway Company. Judgment lor plaintiff, and defendant appeals.
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Appeal from District Court, Chaves County; Richardson, Judge. Action by the Pecos Valley Trading Company against the Atchison, Topeka & Santa Fe Railway Company. Judgment lor plaintiff, and defendant appeals. In an action by a shipper against a carrier to recover for a failure of the carrier to divert, carry or deliver a certain car of hay, the fact that the property was taken from the carrier by virtue of legal process fair on its face in an action in which the shipper was either a party, was heard, or had an opportunity to be heard, is a complete defense and bar.' Burton v. ’Wilkinson, 46…
1Opinion of the Court
OPINION OP THE COURT.
PARKER, J..This is an action by appellee against the appellant as a common carrier. The complaint alleged that appellee, on February 26, 1916, shipped a carload of hay from Orchard Park, N. M., to Heflin, Ala. The usual bill of lading was issued to the appellee. While in transit the car was diverted, by order of the appellee, to Atlanta, Ga., ánd consigned to the order of R. E. Levers & Co., with instructions to notify L. D. Lowe. On arrival in Atlanta the car was refused by Lowe, and disposition thereof requested by the railway company. On March 30th, the hay in the car…
2Cases cited8 opinions
- American Express Co. v. MullinsSupreme Court of the United States · 1909
- Bliven Mead v. . Hudson River R.R. Co.New York Court of Appeals · 1867
- Roberts v. Stuyvesant Safe Deposit Co.New York Court of Appeals · 1890
- Thomas v. DaleIndiana Supreme Court · 1882
- Ohio & Mississippi Railway Co. v. YoheIndiana Supreme Court · 1875
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3Cited by5 opinions
- Henderson Johnson v. Sugar Co.Utah Supreme Court · 1925
- White v. Wayne A. Lowdermilk, Inc.New Mexico Court of Appeals · 1973
- Slone-Carter Grain Co. v. JonesNew Mexico Supreme Court · 1952
- C.B. Q.R.R. Co. v. FowlerMissouri Court of Appeals · 1930
- Chicago, Burlington & Quincy Railroad v. FowlerMissouri Court of Appeals · 1930