Gary Bros. & Gaffke Co. v. Chicago, M. & P. S. Ry. Co.
Montana Supreme Court
Appeal from District Court, Gallatin County; Ben. B. Law, Judge. Action by Gary Bros. & Gaffke Company against tbe Chicago, Milwaukee & Puget Sound Railway Company. Judgment for plaintiff. Defendant appeals from the judgment and from an order denying it a new trial.
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Appeal from District Court, Gallatin County; Ben. B. Law, Judge. Action by Gary Bros. & Gaffke Company against tbe Chicago, Milwaukee & Puget Sound Railway Company. Judgment for plaintiff. Defendant appeals from the judgment and from an order denying it a new trial. We contend that the spotting of the two cars on appellant’s delivery track, the notification to consignee of their arrival and spotting there, his taking possession of the same, inspecting them as they stood upon said track, finding them in good condition and so notifying the agents of the company, on the afternoon of the 26th of…
1Opinion of the CourtJustice Sanner
The respondent, a corporation, complained that on the 21st and 23d days of October, 1911, it delivered to the appellant, a common carrier, at Patterson, Gallatin county, Montana, two ears of potatoes in good condition, of the value of $932.42, to be safely carried to Butte and there delivered to F. C. Downing upon payment of the freight charges thereon; that the appellant “did not safely carry and deliver said potatoes, which were goods of a perishable nature, but on the contrary so negligently conducted and so misbehaved in regard to the same as such carrier that the same were not delivered…
2Cases cited1 opinion
- Gregg v. Illinois Central RailroadIllinois Supreme Court · 1893
3Cited by5 opinions
- Bobzein v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1919
- Mark Owen & Co. v. Michigan Central RailroadAppellate Court of Illinois · 1919
- Texas & New Orleans R. v. SparksCourt of Appeals of Texas · 1956
- Mark Owen & Co. v. Michigan Central RailroadIllinois Supreme Court · 1919
- McEntire v. Chicago, Rock Island & Pacific Railway Co.Nebraska Supreme Court · 1915