Legal Opinion

Northwestern Consolidated Milling Co. v. Chicago, Burlington & Quincy Railroad

Supreme Court of Minnesota

Decided January 19, 1917No. Nos. 20,008—(158)PublishedCited by 7 opinions

Action in the district court for Hennepin county to recover $965.80, the value of a carload of flour shipped over defendant’s road to Belling-ton, West Virginia.

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Action in the district court for Hennepin county to recover $965.80, the value of a carload of flour shipped over defendant’s road to Belling-ton, West Virginia. The answer alleged that the shipment, after being delivered to defendant’s connecting carriers, was destroyed in a flood of unexpected and great violence at Columbus, Ohio, and alleged that the bill of lading issued by defendant provided that no carrier in possession of the property should be liable for any loss thereof or damage thereto or delay caused by the act of God. The .case was tried before Hale, J., who made findings and…

1Opinion of the Court

Taylor, C.

Plaintiff, alleging the delivery to defendant of a carload of flour to be transported from Minneapolis, Minnesota, to Bellington, West Virginia, and the failure to deliver it at its destination or at all, sued defendant as the initial carrier for the value of the flour. -Defendant admitted the contract to transport the flour and the failure to. deliver it, but asserted that the flour had been destroyed while in transit by an act of God which released the carrier from liability for the loss.. At the trial the allegations of the complaint were admitted, and the case was submitted to…

2Cases cited10 opinions

  1. Adams Express Company v. CroningerSupreme Court of the United States · 1912
  2. Ex Parte United StatesSupreme Court of the United States · 1916
  3. St. Louis, Iron Mountain & Southern Railway Co. v. Commercial Union InsuranceSupreme Court of the United States · 1891
  4. Southern Express Co. v. ByersSupreme Court of the United States · 1916
  5. Cau v. Texas & Pacific Railway Co.Supreme Court of the United States · 1904

5 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Anderson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1920
  2. Bell Lumber Co. v. Bayfield Transfer Railway Co.Wisconsin Supreme Court · 1919
  3. Dolan Fruit Co. v. DavisNebraska Supreme Court · 1923
  4. Baltimore & O. R. v. Johl & BergmanMississippi Supreme Court · 1938
  5. Duholm v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1920

2 more not listed; retrieve them via the Exa API.

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