McGrath v. Northern Pacific Railway Co.
North Dakota Supreme Court
Appeal from a judgment of the District Court of Dunn county, Honorable F. T. Lemblce, Judge. The defendant had absolutely nothing to do with the alleged conversion. It is in no manner liable here, and the motion to dismiss should have been granted. McGregor v. G. N. R. Co. (N. D.) 172 N. W. 841; Federal Control Act, March 21, 1918, § 10 (Comp.
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Appeal from a judgment of the District Court of Dunn county, Honorable F. T. Lemblce, Judge. The defendant had absolutely nothing to do with the alleged conversion. It is in no manner liable here, and the motion to dismiss should have been granted. McGregor v. G. N. R. Co. (N. D.) 172 N. W. 841; Federal Control Act, March 21, 1918, § 10 (Comp. Stat. § 3113fj) ; Haubert v. Baltimore & O. R. Co. 259 Fed. 361; Hatcher & Snyder v. Atchison, T. & S. F. R. Co. 258 Fed. 952. “Under Federal Railroad Control Act, § 10 (U. S. Comp. Stat. § 3115fj), authorizing actions to be brought against carriers as…
1ConcurrenceBronson, J.
This action was instituted and prosecuted against the Northern Pacific Eailway Company alone. No motion or proceedings were had, either by the plaintiff or the defendant, to substitute the Director General as a party defendant under his General Order No. 50. Upon the reasoning of my dissenting opinion in McGregor v. Great Northern R. Co. 42 N. D. 269, 4 A.L.R. 1635, 172 N. W. 847, I fully concur in the reversal and dismissal of this action. See Castle v. Southern R. Co. 112 S. C. 407, 8 A.L.R. 959, 99 S. E. 847; Nash v. Southern P. R. Co. 260 Fed. 280; Peacock v. Detroit, G. H. & M. R. Co.…
2Cases cited6 opinions
- Northern Pacific Railway Co. v. North Dakota Ex Rel. LangerSupreme Court of the United States · 1919
- Peacock v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1919
- Nash v. Southern Pac. Co.District Court, N.D. California · 1919
- McGregor v. Great Northern Railway Co.North Dakota Supreme Court · 1919
- Castle v. Southern Ry. Co.Supreme Court of South Carolina · 1919
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