Gulf Colorado & Santa Fe Railroad v. Jones
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the South-rn District. C. B. Kilgore, Judge. J. T. Jones sued the Gulf, Colorado & Santa Fe Rail-ay Co., for damages sustained to a quantity of barbed ire transported over defendant’s railroad for delivery to Laintiff. Judgment for plaintiff. Defendant appeals. This action originated in the United States commis-oner’s court at Paul’s Valley, Ind.
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Appeal from the United States Court for the South-rn District. C. B. Kilgore, Judge. J. T. Jones sued the Gulf, Colorado & Santa Fe Rail-ay Co., for damages sustained to a quantity of barbed ire transported over defendant’s railroad for delivery to Laintiff. Judgment for plaintiff. Defendant appeals. This action originated in the United States commis-oner’s court at Paul’s Valley, Ind. T., and was taken by >peal to the United States Court for the Southern district, Siting at Paul’s Valley, where, upon a trial by a jury, a ¡rdict and judgment were given for appellee. In the state-cnt of his…
1Opinion of the CourtLewis, J.
(after stating the facts.) Error is assigned upon the refusal of the court to direct a verdict for the appellant. In determining this question it is proper to keep in mind the nature of appellee’s action. While informal in statement, as is usual in courts not of record, it is, in substance, an .action for breach of duty by a common carrier, and not for breach of contract. In such action it was only necessary for appellee to prove that appellant received the property alleged to have been injured in sound condition, and that when delivered it was damaged. The fact of damage is not denied, but…
2Cases cited8 opinions
- Nelson v. WoodruffSupreme Court of the United States · 1862
- Laughlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1871
- Smith v. New York Central Rail RoadNew York Supreme Court · 1864
- Shriver v. Sioux City & St. Paul RailroadSupreme Court of Minnesota · 1878
- Brintnall v. Saratoga & Whitehall RailroadSupreme Court of Vermont · 1860
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3Cited by4 opinions
- St. Louis & S. F. R. Co. v. JamiesonSupreme Court of Oklahoma · 1908
- Lacey v. O. R. & N. Co.Oregon Supreme Court · 1913
- Missouri, K. T. Ry. Co. v. Jones, TrusteeSupreme Court of Oklahoma · 1912
- Jordon v. Gulp & Ship Island RailroadMississippi Supreme Court · 1912