Solum v. Northern Pacific Railway Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $224.89, overpayments to defendant upon 14 carloads of coal transported by defendant over its railroad from Duluth to Hitterdal. The substance of the defense is contained in the first paragraph of the opinion. Plaintiff’s demurrer to the answer was sustained, Hanft, J. From the judgment entered pursuant to the order for judgment, defendant appealed.
1Opinion of the Court
Taylor, C.
The Pittsburgh Coal Company and the Zenith Furnace Company delivered 14 carloads of coal to defendant at Duluth, Minnesota, to be transported over defendant’s railroad from Duluth, Minnesota to Hitterdal, Minnesota, and there to be delivered to plaintiff, the consignee thereof. Defendant owned and operated two lines of railroad running out of Duluth, over either of which it could have transported the coal from Duluth to Hitterdal. One of these lines, 228.1 miles in length, was wholly within the state of Minnesota, and the legal rate for such shipments over that line, as fixed by the…
2Cases cited5 opinions
- Pennsylvania Railroad v. Puritan Coal Mining Co.Supreme Court of the United States · 1915
- Alabama Great Southern Railroad v. McKenzieSupreme Court of Georgia · 1913
- Blitz v. Union Steamboat Co.Michigan Supreme Court · 1883
- Stewart v. ComerSupreme Court of Georgia · 1897
- Fisher v. Boston & Maine RailroadSupreme Judicial Court of Maine · 1904
3Cited by3 opinions
- L. Christian & Co. v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1916
- Comstock Farmers Elevator Co. v. Great Northern Railway Co.Supreme Court of Minnesota · 1917
- Duluth Elevator Co. v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1917