Elliott v. Chicago, M. & St. P. Ry. Co.
South Dakota Supreme Court
Appeal from Circuit Court, Brown County. Hon. Frank; McNurty, Judge. Action by George T. Elliott against the Chicago, Milwaukee &. St. Paul Railway Company, to recover for injury to horses, through negligence, shipped over defendant’s railway as a connect" ing carrier. From, an order overruling a demurrer to the complaint, defendant appeals. (1) Under point one of the opinion, Appellant cited; Sec. 1693, Civil Code of South Dakota; Am. & Eng.
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Appeal from Circuit Court, Brown County. Hon. Frank; McNurty, Judge. Action by George T. Elliott against the Chicago, Milwaukee &. St. Paul Railway Company, to recover for injury to horses, through negligence, shipped over defendant’s railway as a connect" ing carrier. From, an order overruling a demurrer to the complaint, defendant appeals. (1) Under point one of the opinion, Appellant cited; Sec. 1693, Civil Code of South Dakota; Am. & Eng. Enc. of Law, Vol. 1, p. 406 and cases cited; Montgomery County Bank v. Albany City Bank, 7 N. Y.^ 459. Respondent cited: Mechem Agency, Section 5711,…
1Opinion of the CourtMcCOY, P. J.
In this case plaintiff, by his complaint, alleged 'that he delivered to the Union Pacific Railway Company, at Grand Island, Neb., certain horses for transportation to Aberdeen, S. D.; that said horses were carried by said Union Pacific
*60Railway Company to Council Bluffs, Iowa, and there delivered to the Chicago, Milwaukee & St. Paul Railway Company, as a connecting carrier, for transportation to Aberdeen; and that, while being transported by the latter railway company, certain acts of negligence of said last-named company resulted in injury to said horses to plaintiff’s damage in the sum of…
2Cases cited9 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Galveston, Harrisburg & San Antonio Railway Co. v. WallaceSupreme Court of the United States · 1912
- Missouri, Kansas & Texas Railway Co. v. HarrisSupreme Court of the United States · 1914
- Galveston, Harrisburg & San Antonio Railway Co. v. F. A. Piper Co.Court of Appeals of Texas · 1908
- Storm Lake Tub & Tank Factory v. Minneapolis & St. L. R.District Court, N.D. Iowa · 1913
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Thorgaard Plumbing & Heating Co., Inc. v. County of KingWashington Supreme Court · 1967
- Landry v. Acme Flour Mills Co.Supreme Court of Oklahoma · 1949
- Hueston v. Preferred Accident InsuranceSupreme Court of Iowa · 1918
- Cincinnati, Hamilton & Dayton Railway Co. v. QuinceyCourt of Appeals of Georgia · 1917
- Baird Bros. v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1917
7 more not listed; retrieve them via the Exa API.