Legal Opinion

Chicago, Burlington & Quincy Railroad v. Pollock

Wyoming Supreme Court

Decided February 10, 1908PublishedCited by 11 opinions

ERROR to the District Court, Sheridan County, Hon. Carroll H. ParmelEE, Judge. E. G. Pollock sued to recover from the Chicago, Bur-ling-ton & Quincy Railroad Company, for the loss of two horses which, it was alleged, the company had failed to transport as a common carrier according- to contract. From a judgment in favor of plaintiff, the defendant prosecuted error. The facts are stated in the opinion.

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ERROR to the District Court, Sheridan County, Hon. Carroll H. ParmelEE, Judge. E. G. Pollock sued to recover from the Chicago, Bur-ling-ton & Quincy Railroad Company, for the loss of two horses which, it was alleged, the company had failed to transport as a common carrier according- to contract. From a judgment in favor of plaintiff, the defendant prosecuted error. The facts are stated in the opinion. Though the bills of lading-, mistakenly issued by the agent without any personal knowledge on his part, show 56 horses, that only only 54 went into the cars is proven, (1) by the evidence of…

1Opinion of the Court

Potter, Chief Justice.

The defendant in error, who will' be referred to as the plaintiff, his title in the district court, brought this action to recover the value of two horses, alleged to have been delivered to and received by the plaintiff in error, defendant below, to be transported by it, as a common carrier, from Sheridan, in this state, to Plammond, Indiana, under two separate contracts, or bills of lading, each providing for the *325transportation of twenty-eight horses, and it is alleged that, in violation of the defendant’s said contracts, it failed to transport the whole number of…

2Cases cited5 opinions

  1. Normile v. Oregon Navigation Co.Oregon Supreme Court · 1902
  2. Kuhn v. McKayWyoming Supreme Court · 1897
  3. Chicago, Burlington & Quincy Railroad v. PowersNebraska Supreme Court · 1905
  4. Chicago, Burlington & Quincy Railroad v. WilliamsNebraska Supreme Court · 1901
  5. Norfolk & Western R. R. v. SutherlandSupreme Court of Virginia · 1893

3Cited by11 opinions

  1. Johnston v. VukelicWyoming Supreme Court · 1950
  2. Northwest States Utilities Co. v. BrouiletteWyoming Supreme Court · 1937
  3. Evans v. Oregon Short Line RailroadUtah Supreme Court · 1910
  4. Parmley v. Pleasant Valley Coal Co.Utah Supreme Court · 1924
  5. Chicago & N. W. Ry. Co. v. OttWyoming Supreme Court · 1925

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