Legal Opinion

Church v. Minneapolis & St. L. Ry. Co.

South Dakota Supreme Court

Decided May 4, 1901PublishedCited by 2 opinions

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

  1. Hedges v. Dixon CountySupreme Court of the United States · 1893
  2. Savannah, Florida & Western Railway Co. v. BundickSupreme Court of Georgia · 1894
  3. Hawley v. Kansas & Texas Coal Co.Supreme Court of Kansas · 1892

3Cited by2 opinions

  1. Melody v. Great Northern Ry. Co.South Dakota Supreme Court · 1910
  2. Atchison, T. & S. F. Ry. Co. v. BellSupreme Court of Oklahoma · 1912

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