Shelton v. Canadian Northern Ry. Co.
U.S. Circuit Court for the District of Minnesota
At Raw. Action by Sylvester J. Shelton against the Canadian Northern Railway Company. Judgment for a part only of the relief demanded. The plaintiff, a resident of South Dakota, entered into a contract in Canada with the defendant company for the transportation of a car load of household goods and live stock from Emerson Junction to Lloydminster, both in the Dominion of Canada.
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At Raw. Action by Sylvester J. Shelton against the Canadian Northern Railway Company. Judgment for a part only of the relief demanded. The plaintiff, a resident of South Dakota, entered into a contract in Canada with the defendant company for the transportation of a car load of household goods and live stock from Emerson Junction to Lloydminster, both in the Dominion of Canada. The ear was wrecked, admittedly through the negligence of the defendant, at a station called Borden, Canada, some 160 miles east of the point of destination. In the wreck the plaintiff was injured, some of the live…
1Opinion of the CourtWillard, District Judge
(orally). In this case the first question to be considered is whether the defendant is liable in damages under the law of Canada for the personal injuries received by the plaintiff. It is claimed by the plaintiff that section 284, par. 7, of the Railway Act of 1906, expressly provides that the company cannot exempt itself from liability for loss occurring through its own negligence or that of its servants; and that the provisions of section 340 which allow the Board of Railroad Commissioners to determine to what extent a contract limiting liability may be made, do not authorize lliat board to…
2Cases cited7 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- The KensingtonSupreme Court of the United States · 1902
- Northern Pacific R. Co. v. AdamsSupreme Court of the United States · 1904
- Northern Pacific Railway Company v. AdamsSupreme Court of the United States · 1904
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3Cited by8 opinions
- Donnelly v. Southern Pacific Co.California Supreme Court · 1941
- Moore v. DuncanCourt of Appeals for the Sixth Circuit · 1916
- Plant v. ThompsonSupreme Court of Missouri · 1949
- Sands v. American Railway Express Co.Supreme Court of Minnesota · 1923
- Randy Duane Rost, Joe Vester Rost, and Ruby Rost v. United StatesCourt of Appeals for the Ninth Circuit · 1986
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