Church v. Minneapolis & St. L. Ry. Co.
South Dakota Supreme Court
Appeal from circuit court, Codington county, Hon. A. W. Campbex.l, Judge. Action in claim and delivery by C. M. Church against the Minneapolis & St. Louis Railway Company. From a judgment in favor of plaintiff, defendant appeals.
1Opinion of the CourtFueler, P. J.
This action, to recover the possession of certain so-called “emigrant movables” without first paying reasonable freight charges, according to the published schedules and as specified in á written contract duly executed by the parties, resulted in a judgment for plaintiff, and defendant appeals.
The property in question was transported in two cars from Minneapolis, Minn., to Watertown, S. D., and, notwithstanding the written contract to pay $30 per car, respondent was permitted, over a valid objection, to testify that, according to a contemporaneous oral agreement, the shipment was to be made…
2Cases cited3 opinions
- Hedges v. Dixon CountySupreme Court of the United States · 1893
- Savannah, Florida & Western Railway Co. v. BundickSupreme Court of Georgia · 1894
- Hawley v. Kansas & Texas Coal Co.Supreme Court of Kansas · 1892
3Cited by2 opinions
- Melody v. Great Northern Ry. Co.South Dakota Supreme Court · 1910
- Atchison, T. & S. F. Ry. Co. v. BellSupreme Court of Oklahoma · 1912