Wall v. Northern Pacific Ry. Co.
Montana Supreme Court
'Appeal from District Court, Gallatin County; B. B. Law, Judge. Action by R. P. Wall, as administrator of the estate of R. J. Wall, deceased, against the Northern Pacific Railway Company. Judgment for plaintiff and defendant appeals from the judgment and an order denying it a new trial.
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'Appeal from District Court, Gallatin County; B. B. Law, Judge. Action by R. P. Wall, as administrator of the estate of R. J. Wall, deceased, against the Northern Pacific Railway Company. Judgment for plaintiff and defendant appeals from the judgment and an order denying it a new trial. That a provision in a contract for an interstate shipment requiring written notice of claim before the stock is removed from destination or mingled with other stock is valid and reasonable, was sustained by the trial court, and has been uniformly upheld by the courts. (St. Louis & S. F. B. Co. v. Zickafoose,…
1Opinion of the CourtJustice Holloway
On January 2, 1912, R. J. Wall shipped four carloads of beef cattle from Belgrade, Montana, to the Chicago market over the Northern Pacific Railway as the initial carrier. The shipment did not reach its destination until January 15, and this action was instituted to recover damages which it is alleged resulted from unreasonable delays due to the railway company’s negligence. Prom the judgment in favor of plaintiff and from an order denying it a new trial, the defendant appealed.
The complaint counts upon the carrier’s common-law liability. [1] The answer sets forth a special contract under…
2Cases cited8 opinions
- Queen of the PacificSupreme Court of the United States · 1901
- Missouri Pacific Railway Co. v. HarrisTexas Supreme Court · 1886
- Nelson v. Great Northern Railway Co.Montana Supreme Court · 1903
- Johnson v. New York, New Haven & Hartford RailroadSupreme Judicial Court of Maine · 1913
- Bosley v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Toledo, St. Louis & Western Railroad v. MilnerIndiana Court of Appeals · 1915
- Lahood v. Continental Telegraph Co.Montana Supreme Court · 1916
- Wall v. Northern Pacific Ry. Co.Montana Supreme Court · 1916