Rice v. Oregon Short Line Railroad
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action for damages. Judgment for plaintiff. Manifestations of nature, including- weather conditions or snowstorms which are so unusual as not to be reasonably anticipated, fall within the definition of “act of God.”
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action for damages. Judgment for plaintiff. Manifestations of nature, including- weather conditions or snowstorms which are so unusual as not to be reasonably anticipated, fall within the definition of “act of God.” (Willson v. Boise City, 20 Ida. 133, 117 Pae. 115, 36 L. R. A., N. S., 1158.) A common carrier which receives goods intended for shipment from a point in one state to a point in another state is the initial carrier, although it only switches the car in which they are…
1Opinion of the CourtBice, C. J.
This action was commenced against appellant as the initial carrier under the Carmack Amendment (U. S. Comp. Stats. 1916, secs. 8604a, 8604aa) for damages alleged to have been suffered on account of negligent handling of four cars of sheep. At the trial, respondent introduced no evidence of negligence on the part of appellant for damages resulting from any act or omission on its part. The negligence for which respondent claimed damages was that of the Union Pacific By. Co., a connecting carrier. Appellant, therefore, cannot be held liable in this case unless it is the initial carrier under the…
2Cases cited17 opinions
- Texas & New Orleans Railroad v. Sabine Tram Co.Supreme Court of the United States · 1913
- Gulf, Colorado & Santa Fe Railway Co. v. TexasSupreme Court of the United States · 1907
- Railroad Commission of Ohio v. Worthington, Receiver of Wheeling & Lake Erie Railroad CompanySupreme Court of the United States · 1912
- Pere Marquette Railway Co. v. J. F. French & Co.Supreme Court of the United States · 1921
- Barrett v. Northern Pacific Railway Co.Idaho Supreme Court · 1916
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3Cited by10 opinions
- Reider v. ThompsonSupreme Court of the United States · 1950
- Harper v. JohannesenIdaho Supreme Court · 1962
- Johnson v. Burley Irrigation DistrictIdaho Supreme Court · 1956
- Robert F. Watterson v. New York Central Railroad Company, a New York CorporationCourt of Appeals for the Sixth Circuit · 1956
- Mexican Light & Power Co. v. Texas-Mexican Ry. Co.Court of Appeals of Texas · 1945
5 more not listed; retrieve them via the Exa API.